THE ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT(CAP 387)

DRAFT
ENVIRONMENTAL MANAGEMENT AND COORDINATION (TOXIC AND
HAZARDOUS CHEMICALS AND MATERIALS MANAGEMENT)REGULATIONS 2019In EXERCISE of powers conferred in sections 92 and 147 of the Environmental
Management and Coordination Act, the Cabinet Secretary for Environment andForestry makes the following Regulations:
The Environmental Management and Co-ordination (Toxic and Hazardous Chemicals
and Materials Management) Regulations, 2019.
PART I: PRELIMINARY
Citation

1. These Regulations may be cited as the Environmental Management andCoordination (Toxic and Hazardous Chemicals and Materials Management)
Regulations 2019.

Interpretation

2. In these Regulations unless the context otherwise requires:“Act” means the Environmental Management and Coordination Act, CAP
387;“Adverse Effect’’ means a negative change in the physical environment orbiota, including a change in climate, which has a significant deleterious effecton human health or on the composition, resilience and production of naturaland managed ecosystems, or on materials useful to mankind;“Advertise” means making a presentation for the purpose of directly or
indirectly promoting the distribution, access and use of toxic and hazardous
industrial chemicals or materials;“Applicant” means a person or an organization that applies to the Authority
for permission to perform specific activities connected with toxic andhazardous industrial chemicals or materials;“Article” means an object which during production is given a special shape,surface or design which determines its functions to a greater degree than does
its chemical compositions;“Authority” means the National Environment Management Authority
established under section 7 of the Act;
“Banned chemical” means a chemical all uses of which within one or morecategories have been prohibited by final regulatory action, in order to protect
human health, the environment or national security;“Bio – accumulation” means the tendency of a chemical substance toaccumulate in the tissues of living organisms and to be passed up through thefood chain;“Carcinogenic” means a chemical or material that has ability to cause cancer;

“CAS No” means a unique registry number assigned to a chemical by the
Chemical Abstract Service;“Chemical” means a chemical substance in any form whether by itself or in a
mixture or preparation, whether manufactured or derived from nature and forthe purposes of the Act includes industrial chemicals, pesticides, fertilizers
and drugs;“Chemicals in Products or CiP” means chemical substances which are known
to be contained in articles or products (such as toys, child care items,
cosmetics, tattoo inks, appliances, electronics, flooring, piping, furniture,
house and sports carpets etc). Also referred to as Substances in Articles;“Contaminants of Emerging Concern” refers to any synthetic or naturally
occurring chemical or any microorganism that is not commonly monitored in
the environment but has the potential to enter the environment and cause
known or suspected adverse ecological and/or human health effects;“Competent Authority” means anybody or authority designated or otherwise
recognized as such for any purpose in connection with these Regulations;“Disposal” means deposit, treatment and/or recovery of any toxic andhazardous industrial chemicals or materials including their packaging or
containers in an environmentally sound manner;“Distribute” means to offer toxic and hazardous industrial chemicals orMaterials for sale, sell, transport, expose, display, advertise for sale or supply;“Dual-use-chemicals or materials” refer to chemicals or materials that can beused for both civilian and military applications;“Eco-toxicity” means ability of a chemical or material to cause ill health,injury or death to any living organism;“Environment” includes the physical factors of the surroundings of humanbeings, including land, water, atmosphere, climate, sound, odour, taste, thebiological factors of animals and plants and their social factor of aesthetics
and includes both the natural and the built environment;“Environmentally sound management” means taking all steps to ensure thatthe toxic and hazardous industrial chemicals or materials and their wastes aremanaged in a manner, which will protect human health and the environment;“Extractive industry” means any processes that involve the extraction or
removal of raw materials from the earth’s crust which includes oil and gas
extraction, mining, dredging and quarrying;“Export” means sending out toxic and hazardous industrial chemicals ormaterials by a licensed person under these Regulations to a place outside

Kenya;“Exporter” means a person licenced under these Regulations to export toxic
and hazardous industrial chemicals or materials to another country;“Facility” means any location where toxic and hazardous industrial chemicals
or materials are manufactured, collected, received, treated, stored or disposed;“GHS” or “Globally Harmonized System” includes harmonized criteria forclassifying substances and mixtures according their health, environmental andphysical hazards; and harmonized hazard communication essentials, including
requirements for labeling and safety data sheets;“Hazardous Chemical” or “HAZCHEM” means any chemical which cancause a physical or health hazard;“Hazardous Materials” or “HAZMAT” means articles or substances or
mixtures that are capable of posing a hazard to health, safety, property or theenvironment. This includes goods or materials that awaiting decontamination,
relocation or reuse. They are also known as Dangerous Goods;“HS No” means a harmonized system which is an international nomenclature
for classification of products using a six-digit code system;“Import” means bringing into Kenya toxic and hazardous industrial chemicals
or materials by a person authorized by the Authority;“Importer” means a person who is authorized by the Authority to bring into
Kenya toxic and hazardous industrial chemicals or materials;“Incident” means an undesired, unplanned and uncontrolled occurrence or
event which is within NEMA’s mandate, statutory duty or policy role, whichcauses or may result in significant environmental damage;“Industrial chemical” means any chemical or product used or intended for use
in industrial process;“Intermediate chemical” means a substance formed during a chemical process
before the desired product is obtained;“Label” means a written, printed, graphic matter, on, or attached to thechemical or immediate container thereof and outside container or wrapper ofthe package;“Lead Agency” means any government ministry, department, parastatal, state
corporation or local authority, in which any law vests functions of control ormanagement of any element of the environment or natural resource;“LC50” or “(Lethal Concentration 50)” means the concentration in air or in asolution which causes 50 percent mortality of the test-animal in a specified
period through exposure;“LD50” or ''Lethal Dose50'' means an amount of a substance that, whenadministered by a defined route of entry (for example oral or dermal)over a
specified period of time, it is expected to cause the death of 50 percent of adefined animal population;“MLC50”, “ML50” or “Median Lethal Concentration” also means LC50 ;“Materials” means a chemical substance or mixture of substances that
constitute an object which can be pure or impure, a singular composite or acomplex mix, living or non-living matter, natural or man-made;“Material Safety Data Sheet (MSDS)” means a record containing data
regarding the properties of a particular chemical or material including physicaland bio-chemical information and safety measures for handling, usage anddisposal. MSDS also refers to “Safety Data Sheets (SDS)” or “Product Safety
Data Sheets (PSDS)”;“Manufacture” includes production, formulation, production process, repackaging and preparation of toxic and hazardous industrial chemicals ormaterials for distribution or use;
“Multilateral Environment Agreements” or “MEAs” is considered to be alegally binding agreement between several States related to environment.
These regulations apply to chemicals-related MEAs specifically but notlimited to the Stockholm, Rotterdam and Minamata Conventions;“Mercury” means elemental mercury (Hg(O), CAS No. 7439-97-6);“Mercury compound” means any substance consisting of atoms of mercury
and one or more atoms of other chemical elements that can be separated into
different components only by chemical reactions;“Mercury-added product” means a product or product component that contains

mercury or a mercury compound that was intentionally added;“Mixture” means a combination of two or more pure substances in which eachpure substance retains its individual chemical properties;“Mutagenic” means chemicals or materials capable of causing genetic changes
within living cells;“National focal point” means a national entity or authority designated by aState Party and charged with facilitating the State Party’s compliance withinternational agreements at the national level;

“Obsolete chemicals or materials” mean chemicals or materials that are nolonger in use;
“Operator” means a person or agent licensed under these Regulations or any
other person acting on behalf of the licencee to own or operate a facility for
manufacturing, collection, transportation, reception, treatment, storage or
disposal of toxic and hazardous industrial chemicals or materials;“Persistence” means the ability of a chemical or material to remain in theenvironment for a long time without transformation or breakdown into anotherchemical form;“Port of entry or exit” has the meaning assigned to it in the Customs andExcise Act;
“Prior Informed Consent” refers to procedure where certain chemicals listed
under Rotterdam Convention, or restricted in the country of import, can only
be exported if the Country of import consents in writing after notification;“Process” means a method or means of changing one or more chemicals or
chemical compound. It can occur by itself or caused by an outside force andinvolves a chemical reaction;“Product” means a primary substance that is formed, including theintermediate and secondary substances, as a result of a chemical reaction, an
industrial or manufacturing process;“Registrant” means a person in whose name a toxic or hazardous chemical ormaterial is registered;“Restricted chemical" means a chemical virtually all use of which within one
or more categories has been prohibited by final regulatory action in order toprotect human health or the environment, but for which certain specific uses
remain allowed;“Sample” means a portion of material selected from a larger quantity ofmaterial;“Substance” means a chemical element and its compound in the natural stateor obtained by any manufacturing process, including any additive to ensure its
stability and any impurity derived from the process used excluding solvents
separated without affecting its stability or composition;“Sound Management of Chemicals” means the application of managerial bestpractices to chemicals throughout their life cycle to prevent, reduce or
minimize the potential for exposure of people and the environment to toxic
and hazardous chemicals;

“Teratogenic” means a chemical or material capable of affecting the normal
growth of an embryo or foetus;“Toxic Chemical or Material” means any substance which on entry into anorganism through ingestion, inhalation /or dermal contact is injurious, causes
physiological or biological disturbances or otherwise causes deterioration of
the functions of the organism in any way;
“Transporter” means a person licensed by the Authority to engage in the offsite transportation of toxic and hazardous industrial chemicals or materials by
air, rail, road or water;“User” means a person or legal entity in Kenya supplied with a substance or
mixture of chemicals and materials by a register Kenyan Supplier for use inindustrial or professional activities such as blending them into new
formulations for sale, producing articles, in production process and service but
does not involve purchase and consumption of a product outside an industrial
setting;
Objective

3. (1) To ensure protection of human health and environment from adverse
effects of toxic and hazardous industrial chemicals and materials.
(2) To reduce risks posed by chemicals and to provide for sound managementof chemicals.
(3) To domesticate relevant provisions of international treaties, agreements
and conventions.

Scope

4. These regulations shall apply to production, manufacture, exportation,
importation, transportation, distribution, storage, handling and disposal of
toxic and hazardous industrial chemicals and materials.

Application

5. (1) These regulations shall apply to toxic and hazardous industrial
chemicals and materials as classified in the First Schedule to theseRegulations.
(2) The toxic and hazardous industrial chemicals and materials referred in subregulation (1) shall include:a) any chemical whose LD50, LC50, and MLC50 falls within the moderate, highor extreme classes or category listed in the First Schedule.
b) any chemical or material that falls under either group or category 1, 1A, 1B,
2, 2A or 2B of Part IV of the First Schedule.
c) any mixture containing chemical and/or materials in classes, categories orgroups mentioned in sub-section 2 (a) and 2(b).
(3) The provisions of these regulations shall be in addition to otherrequirements imposed by the Act or any other written law.
PART II: Classification and Registration
Classification

6. The Authority shall in consultation with the relevant lead agencies classify
toxic and hazardous industrial chemicals and materials and/ or their mixturesin accordance with the criteria set out in the First Schedule.

Register7.(1) The Authority shall establish and maintain a register of toxic andhazardous industrial chemicals and materials identified meeting the criteria
referred in sub regulation 5 (2) and in the format set out in the Second
Schedule.
(2) The register shall be a public document that can be inspected during thenormal working hours.

Registration

8. No person or firm shall manufacture, import or export toxic and hazardous
industrial chemicals and/ or materials as specified under 5 (2) unless thechemical and / or material is registered under the Second Schedule.

Application forregistration

9. Any person intending to import, export, manufacture, distribute or supply
toxic and hazardous industrial chemical and /or material referred to in
regulation 8 above shall apply for its registration with the Authority.

Application
details

10. (1) Any person intending to register toxic or hazardous industrial chemical
or material shall make an application to the Authority as set out in the Third
Schedule accompanied by Material Safety Data Sheet, Risk Management Planand Hazard Chemical and/or Material Emergency Response Plan.
(2) The Material Safety Data Sheet specified in (1) shall consist of items listed
under the Fourth schedule.
(3) The Risk Management Plan and Hazard Chemical and/or Material
Emergency Response Plan specified in (1) shall consist of items listed under
Fifth Schedule.

Evaluation of
application

11. The Authority shall evaluate the application and communicate its decision
to the applicant within thirty (30) days after application.

Additional
information

12. Where the Authority is of the opinion that the data supplied in support ofregistration of a toxic or hazardous chemical is insufficient, it may require theapplicant to provide:(1) An assay of the chemical or material;(2) A sample of the chemical or material;(3) A sample of the technical or analytical grade of its active ingredient;(4) Any other relevant information as may be required by the Authority.

Laboratory
analysis

13. The Authority may carry out the analysis of the chemical or material
sample from any environmental media or submit it to a designated laboratory.

Laboratory
Designation

14. (1) For a laboratory to be designated by the Authority, the laboratory shallapply through an application form as set out in the Sixth Schedule
accompanied with the prescribed fee set out in the Fifteenth Schedule.
(2) The Authority upon evaluating the application, shall carry out siteverification of the application, and upon approval and designation, shallsubmit it for gazettement in the Kenya Gazette.
(3) A designated laboratory shall apply for an operating licence in theprescribed form set out in the Sixth Schedule which shall be renewed
annually.
(4) The Authority shall issue an operating licence to in the prescribed form set
under in the Sixth Schedule to these Regulations.

Non-resident
applicant15. An applicant who is not resident in Kenya shall appoint an agent
permanently resident in Kenya to whom any notice or correspondence may be
sent.

Non-registration 16. The Authority may decline to register a chemical or material if;(1) The application for the registration of the chemical or materials does notcomply with the provisions of the Act and these Regulations;(2). The information provided by applicant is;(a) insufficient to enable the chemical or material to be assessed andevaluated;(b) false, misleading or deceptive or is likely to create an erroneous
impression regarding the character of the chemical or material;(3). The use of the chemicals or materials would lead to an unacceptable riskor harm;(a) in relation to the use in which is intended; or(b) to public welfare including health, plants, animals or the environment
Deregistration

17. The Authority may deregister a chemical or material due to one or more of
the following reasons:(1) if it has been banned(2) if it is revealed that information stated in the application form wasincorrect, or misleading;(3) if new information has become available which renders the chemical ormaterials substance unsafe or dangerous.

Register review

18. The Authority may from time to time review and update the list of phasedout, restricted or banned chemicals or materials as set out in the Sixth
Schedule.
PART III: Labeling and Packaging.

Appropriatelabel

19 (1) No person shall store, distribute, or sell any toxic and hazardous
industrial chemicals or materials without an appropriate label attached to the
package or container.
(2) The label shall contain the following information:a. The name of the chemical or material, which shall be descriptive of thephysical form and its distinctive brand or trade mark;b. Information detailing the nature and degree of hazard inherent in thechemicals or materials identified by the appropriate precautionary
symbol and signal words as set out under Seventh Schedule;c. A statement directing the user to read the label before use;d. A guarantee statement of the concentration of the chemical or material;e. The registration number of the chemical or material in the register;f. A statement of the net contents of the package for the chemical ormaterial, which shall be in accordance with all the units of measure as
described under the Weights and Measures Act;
g. Information giving date of manufacture, shelf life and storage
conditions;h. Information identifying any significant hazards in respect to thehandling, storage, display, distribution and disposal of the chemical ormaterial and the empty package or container;
i. Information identifying any significant hazards to public health, plants,
animals or the environment;j. Instructions on first aid, which shall set out;i.

the practical measures to be taken in the event of poisoning orother injury caused by the chemical or material and shall;ii.

describe the symptoms of poisoning or allergic reactions;iii.

state antidote and remedial measuresk. Comply with the requirements of the National and Globally
Harmonized System for labeling and classification of chemicals ormaterials, KS 2605 and KS 2606 applicable at the time; andl. Any other information that may be required by the Authority.
(3) Packaging for the transport of toxic and hazardous industrial chemicals ormaterials on road and rail transport shall adhere to the requirements of KS
2530:2014.
Label print

20. (1) The information on every label shall be printed in English and / or
Kiswahili.
(2) All information shown on the label shall be printed in a manner that isconspicuous, legible, durable and indelible(3) Where the physical properties of a chemical or material are such that thepresence of the chemicals or materials may not be recognized when it is used,
and is likely to expose a person or animal to severe health risk or cause harmto the environment, the chemicals or materials shall be identified by means ofcolour, odour, or such other means as the Authority may approve to provide
signal or warning of its presence.
21. No person shall store, distribute, transport or handle toxic and hazardous
chemicals or materials in a manner that is not consistent with directions orlimitations shown in the label.
PART IV: Advertising

Advertising

22. Any person who advertises any toxic and hazardous industrial chemicals
or materials shall ensure that the advertisement contains information warningthat the toxic or hazardous industrial chemicals or materials may be harmful
to human health and the environment.

Advertisement
limitation

23. No person shall use words, packages or labels stating, implying or
inferring that a chemical or material is approved, accepted or recommended by
the government or by any department or agency thereof in any advertisement
in respect to a chemical or material.
PART V: Manufacture, Imports and Exports

Licencerequirement

24. (1) No person shall manufacture, import and / or export toxic andhazardous industrial chemicals or material unless the person has a licenceissued by the Authority.
(2) Any person intending to manufacture, import and / or export toxic orhazardous industrial chemicals or materials shall apply to the Authority for the
licence in the prescribed form, under the Eighth Schedule accompanied by theprescribed fee set out in Fifteenth Schedule.
(3) The Authority may issue a licence to manufacture, import and /or export
toxic or hazardous industrial chemicals or materials in the prescribed form set
under in the Eight Schedule to these Regulations.
(4) In the event that the Authority declines to issue a licence to an applicant

the Authority shall give a written communication to the applicant within 30
days giving the reason/s for the decline.
(5) Where there is change of name or ownership of a licensed activity
mentioned in (1) and (2), the person to whom the change or ownership isbeing transferred, and the person transferring it shall jointly notify the
Authority in writing in respect of the facility to which such licence was issued
in the prescribed form set out in the Eighth Schedule to these regulations.
(6) The transferee as well as the transferor of a licence issued under thisregulation shall be liable for the adherence to all obligations imposed by thetransfer in respect of the licence transferred in (5), the operating facility andany other matter associated with the facility, but the transferor shall not be
responsible for any future liabilities or any obligations imposed with respect tothe licence from the date of approval of the transfer.
(7) The Authority may issue a Certificate of Transfer of Licence tomanufacture, import, export, store and / or distribute toxic or hazardous
industrial chemicals or materials in the prescribed form set under in the Eight
Schedule to these Regulations.
(8) Any person, owner or operator of a licensed activity in (1) and (2) shallinform the Authority in writing of any change or variation of the activity oraffecting any other detail in the activity to which the licence was issued.
Permitrequirement

25. (1) No person shall import and / or export toxic and hazardous industrial
chemicals, materials or samples thereof unless the person has a permit issued
by the Authority.
(2) Any person intending to export and /or import toxic and hazardous
industrial chemicals or materials or both shall apply to the Authority for thepermit in the prescribed form, under the Eighth Schedule accompanied by theprescribed fee.
(3) An application for permit to transit toxic and hazardous industrial
chemicals or materials or both through Kenya shall be made to the Authority
in the prescribed form set out in the Eighth Schedule to these regulations andshall be accompanied with:(a) a copy of the Prior Informed Consent issued by the competent Authorityof the importing country; and(b) the prescribed deposit bond which shall be refundable.

Permit orlicence issuance

26. The Authority shall process dully filled application for permit and / orlicence within 21 working days.

Prior Informed
Consent

27. (1) The Authority shall accept or decline to issue an export permit of the
toxic and hazardous industrial chemicals or materials where consent has been
given or denied by the importing country under the Prior Informed Consent
Procedure.
(2) The Authority shall accept or decline to issue an import permit of the toxic
and hazardous industrial chemicals or materials where consent has been given
or denied by the exporting country under the Prior Informed Consent
Procedure.

Cancellation orsuspension

28. The Authority may cancel or suspend any permit or licence issued underthese Regulations if;(a) the conditions of the permit or licence, and any other provisions of the
Act and Regulations thereunder are contravened.
(b) the permit or licence was granted on the basis of false or misleading
information.
(c) There is new information which affects the safety of the chemical ormaterial.

Register oflicences andpermits

29. (1) The Authority shall maintain a register of all the licences and permits
issued under these regulations set out in the Ninth Schedule.

Material Safety
Data Sheet

30. (1) No person shall store, distribute, transport toxic and hazardous
chemicals or materials unless accompanied by the Material Safety Data Sheet.

Environment
ImpactAssessment,
Environment
Audit andChemical Safety
Audits31. (1) No person shall manufacture and / or store toxic and hazardous
chemicals and materials without an Environmental Impact Assessment licenceas per the Environmental Impact Assessment /Environmental Audits
Regulations.

(2) The register shall be a public document and may be inspected during
working hours(2) Every person manufacturing and / or operating a storage facility of toxic orhazardous chemicals and materials shall undertake annual Environmental
Audit and submit to the Authority(3) Any person manufacturing toxic or hazardous chemicals and materials
shall undertake workplace monitoring to ensure the safety and health of
persons in accordance with Occupational Safety and Health Act 2007.

Substances in
Articles /Chemicals in
Products /Mercury-added

32. (1) Any person who manufactures, imports, exports or distributes articles,
materials and / or products containing toxic and hazardous chemicals andmaterials or substances shall;a) ensure they do not contain banned toxic and hazardous chemical andproducts

materials listed in the Sixth schedule.
b) ensure the concentrations of restricted and / or toxic and hazardous
chemicals and materials do not exceed maximum concentrations inarticles, materials and / or products conform with the relevant Kenyan
Standards.
c) provide sufficient information which shall include the CAS No., HS No.
of the chemical and material and MSDS to allow for safe handling, use
and disposal by the recipient or user.
(2) The Authority shall in consultation with the relevant lead agencies
determine and / or recommend the maximum concentration limits of toxic andhazardous chemical and material in articles, materials or products.
(3) The Authority in consultation with the relevant lead agencies shall ensure
toxic and hazardous industrial chemicals and or materials in articles, materials
or products:a) do not exceed limits set out in the relevant national regulations andstandards .
b) are reduced and where feasible eliminated.
c) are not recycled and must be considered in the material used inrecycling articles, materials or products.
d) are produced using toxic and hazardous free alternatives.
(4) No person shall manufacture, import or export mercury-added products
after the phase-out dates for these products as set out in the Sixth Schedule tothese regulations, except where an exemption is registered and granted by the
Authority.
(5) Any person manufacturing or importing paint, varnishes, coating andrelated products shall ensure the maximum permissible content of total leaddoes not exceed the maximum concentration set out in KS 2661-1&2:2017

Extractive
industry

33. (1) The Authority and the relevant lead agencies shall ensure the use,emissions, releases and discharges of toxic and hazardous chemicals andmaterial into the environment are minimized and eliminated in the oil and gas,
geothermal, mining, dredging and other extractive processes.
(2) Any person intending to construct or operate a facility, process plant or
technology that utilizes toxic and hazardous chemicals and materials for
extractive activities shall undertake an Environment Impact Assessment inaccordance with the Act and its regulations.
(3) The owner or operator of an oil and gas, geothermal, mining, dredging, or
any other extractive facility, process plant or technology shall apply for apermit to use toxic and hazardous chemicals and materials from the Authority
in the prescribed form set out in the Eighth Schedule at a prescribed fee in thefifteenth Schedule.
(4) The Authority shall evaluate the application and communicate its decision
to the applicant within thirty (30) days after application.
(5) The Authority may issue a permit to use toxic and hazardous chemical andmaterial for oil and gas, geothermal, mining, dredging, or any other extractive
processes in the prescribed form set out in the Eighth Schedule.
(6) In the event the Authority declines to issue a permit to an applicant, theAuthority shall give a written communication to the applicant within thirty(30) days giving the reason/s for the decline.
(7) The Authority and the relevant lead agencies shall develop guidelines foruse of toxic and hazardous chemicals and materials management for the
extractive sector.
(6) The owner or operator of an extractive facility or process shall ensure theuse of mercury or mercury compounds and any other toxic and hazardous
industrial chemicals and materials listed in the Sixth Schedule are reduced
and where feasible eliminatedPART VI. Distribution, Storage, Transportation and HandlingDistribution

34. (1) No person who sources / purchases, stores and then places on market
toxic and hazardous industrial chemicals or material for another entity or
under one’s own brand without changing its chemical composition in any way,
shall distribute it unless the person has a licence issued by the Authority.
(2) The person shall apply for a licence to distribute toxic and hazardous
industrial chemicals or materials using the prescribed form set out in the
Eighth Schedule to these regulations.
(3) The Authority may issue a licence to distribute toxic and hazardous
industrial chemicals or materials in the prescribed form set out in the Eight
Schedule to these Regulations.
(4) The licensed distributor shall be responsible for chemical safety in the
supply chain to protect human health and the environment from chemical risks
by ensuring;(a) chemicals and / or materials meant for distribution are registered;(b) provision of information about the use and hazardous properties ofchemicals or materials to employers / handlers/ customers throughhazard communication program, labels, material safety data sheets and /or any other forms of warning;(c) containers are properly labeled;(d) persons who repackage and redistribute already imported hazardous

chemicals and materials are professionals with the relevant knowledge
on such operations;(e) provision of information on emergency response plan;(f) safe transportation of chemicals or materials by trained drivers andproperly maintained transport equipment;(g) products are stored and handled in accordance with relevant regulations
and industry standards;(h) contracted storage facilities and transportation equipment meetrequirements of the relevant regulations and industry standards;(i) waste generated during business operations are contained and disposed
responsibly in accordance with the relevant regulations;(j) maintain relevant documents and records for safe distribution; and(k) any other relevant information as may be required by the Authority.
Storage

35. (1) No person shall store toxic and hazardous chemicals and materials
unless the storage facility is licensed by the Authority.
(2) The owner or operator of a toxic and hazardous chemicals and materials
storage shall apply for a licence using the prescribed form under the Eighth
Schedule.
(3) The Authority may issue a licence to store toxic and hazardous chemicals
and materials in the prescribed form set out in the Eighth Schedule to theseRegulations.
(4) The owner or operator of toxic and hazardous chemicals and materials
storage facility shall comply with the basic storage requirement set out in theTenth Schedule, the Factories and Other Places of Work (Hazardous
Substances) Rules of 2007, KS 2383-1 applicable at the time, and any otherrelevant Kenyan Law on the storage of hazardous materials.
(5) The Authority in consultation with the relevant lead agencies shall develop
guidelines on the environmentally sound storage of toxic or hazardous
industrial chemical or material.

Transportation

36. (1) No person shall transport toxic and hazardous chemicals and material
unless they apply and obtain a licence from the Authority in the form
prescribed in the Eighth schedule to these Regulations.
(2) The Authority may issue a licence to transport toxic and hazardous
chemicals and materials in the prescribed form set out in the Eight Schedule tothese Regulations.
(3) The vehicles used to transport toxic and hazardous chemicals and material
shall meet the requirements set in KS 2384 applicable at the time by road andKS 2708 applicable at the time by rail.
Transportation
safety37. Any person transporting toxic or hazardous industrial chemicals ormaterials shall ensure that:(1)

there is safety in carriages by providing pallets, dunnage, appropriate
personal protective equipment;(2)

the substances are kept in separate compartments from other luggage;(3)

the transporting vessel has first aid facilities;(4)

a dully filled Transport Emergency Card as per Eleventh Schedule andKS 2382-4 applicable at the time is displayed on the vehicle;(5)

the transporting vessel has appropriate material to contain any spillage,
appropriate means of extinguishing fire and danger warning signs on thetruck as set out in the Seventh Schedule and KS 2324 applicable at the
time;

(6)

the driver or any other person authorized in the vehicle has appropriate
knowledge and training on transport and safe handling of chemicals ormaterials from an approved training provider;(7)

the driver or any person authorized to handle chemicals in transit shallensure they use personal protective equipment;(8)chemicals or materials are not exposed to adverse weather conditions;(9)the transporting vessel when not in motion during transit is parked indesignated parking yard along the road highways, rail access andcontainer storage areas, and in the port on sea or water ways;(10) contracted or sub-contracted transporting companies shall comply withthe licensing conditions and provisions in these regulations, and;(11) they comply with the requirements set in KS 2382-2 applicable at thetime for emergency information system for rail transport and otherrelevant regulations and standards on the transportation of hazardous
material / dangerous goods.
Air transport

38. Transportation of toxic and hazardous chemicals or materials by air shallbe done in accordance with the relevant provisions of the Kenyan laws andInternational Civil Aviation Organisation Technical Instructions for the Safe
Transport of Dangerous Goods by Air.

Sea and inland
water transport

39. Transportation of toxic and hazardous chemicals and materials by sea andinland navigable water shall be done in accordance with the MerchantShipping Act of Kenya.

Handling

40 (1) A manufacturer, importer, exporter, a storage facility, operator, user or
any person handling toxic and hazardous industrial chemicals and / ormaterials shall institute safe handling procedures to prevent risks to humanhealth and environment.
(2) Subject to subsection (1), safe handling procedures shall include thefollowing requirements:(a) an inventory of chemicals or materials being used or stored are kept
well and the risks associated with them documented;(b) use appropriate personal protective equipment;(c) ensure handlers have sufficient knowledge and hazards of the industrial
chemical or material from labels and material safety data sheets;(d) ensure that the workplace has a Chemical Spill Kit, that is appropriate
for the type of chemicals;(e) surplus chemicals and / or materials and hazardous waste must be dealt
with in accordance with the information in the safety data sheet;(f) a first aid equipment must always be available;(g) workplace must be cleaned regularly ensuring no chemical spills on
floor;(h) a standard operating procedure for chemicals or materials requiring
special handling, treatment or precaution is available or developed;(i) risk reduction measures that promote use or substitution to lesshazardous chemicals or materials are applied;(j) conduct safety audits, and;(k) Any other relevant requirement as may be determined by the Authority.

Incidents
reporting andmanagement

41. (1) In the event of a chemical or material incident, the owner, operator,
handler or agent of the plant, storage facility, motor vehicle or vessel shallreport the incident to the relevant emergency response authorities.
(2) The owner, operator, handler, agent or any person of a process facility,
plant, storage facility, motor vehicle or vessel or in possession of the toxic
and hazardous chemical and material at the time of an incident, shall:a. institute all reasonable measures including but not limited todecontamination, immediate clean-up, restoration and remediation of
the contaminated site to the recommended national environmental
clean-up standards, and;b. in addition, undertake any other actions as directed by the Authority

including the costs to mitigate the impact arising there-of as provided
for in the Act and any other applicable Kenyan law.
(3) Notwithstanding provision (2), the Authority in collaboration with therelevant lead agencies shall take appropriate measures to ensure the owner,
operator, handler, agent or any other person responsible for the chemical ormaterial incidents shall respond, manage and mitigate the chemical or material
incident to protect human health and environment.
(4) The incident responder shall ensure that adequate safety precautions, useof appropriate personal protective equipment and reliance on the relevant
emergency response guidelines / procedures are used during response andincident mitigation.
(5) The polluter pays principle shall apply.
Liability

42. (1) The owner or operator of a facility that discharges toxic and hazardous
chemical and materials or their products or mixtures into the environment
during manufacture, transport, storage, distribution or handling or any otheractivity commits an offense and upon conviction shall be liable to the penalty
prescribed under Section 93 and 141 and any other provisions of the Act.
(2) The owner or operator of a facility in sub-section (1) shall provide aguarantee or pay deposit bond to the Authority to ensure good environmental
practices and compliance with remediation obligations as prescribed in
Section 28 of the Act.
(3) Any person shall be liable for damage caused or contributed by his lack ofcompliance with the provisions of the regulation or by his wrongful,intentional, reckless or negligent acts or omissions.
PART VII: Disposal of chemical and material wastes.

Waste disposal

43. (1) Any person in possession of obsolete, expired, surplus or any othertoxic and hazardous industrial chemical or material declared by any law to bedisposed shall notify the Authority on the type, quantity, physical andchemical status and any other information that may be required by the
Authority.
(2) Any person intending to transport or dispose any toxic and hazardous
chemical or material waste under sub regulation (1) shall do so in accordancewith the Act, the Environmental Management and Coordination (Waste
Management) Regulations 2006 and any other relevant national law.
(3) Notwithstanding the provision in sub-regulation (2) above, the Authority
in collaboration with the relevant lead agencies shall develop guidelines under
this regulation that will provide for management and disposal of waste frombut not limited:a. toxic and hazardous chemicals and materials,
b. materials contaminated directly or indirectly by toxic and hazardous
chemicals,c. chemicals in products,
d. decommissioned or obsolete equipment and production facilities.
(4) No person shall re-use or recycle materials and containers used to package
toxic and hazardous chemicals and materials to package food, beverage anddrinks meant for human consumption, household use or any other domestic
purpose.
(5) Materials and containers referred in regulation (4) above to package toxic
and hazardous chemicals and materials shall be disposed in accordance to theEnvironmental Management and Coordination (Waste Management)
Regulations 2006 and any other relevant law in Kenya.
(6) Manufacturers, importer, exporters, distributors and end-users shall
implement take-back scheme and other waste management strategies
including extended producer responsibility to manage and dispose wastes
from toxic and hazardous chemicals and materials.
Monitoring andassessment of
impacts

44. (1) The Authority in consultation with the relevant Lead Agencies shallmonitor and assess the hazards, exposure, risks and impacts of toxic andhazardous chemicals and materials to human health and the environment
throughout their life cycle.
(2) Subject to the provision (1) above, the Authority and relevant leadagencies shall;a. promote research, capacity building and develop strategies for soundmanagement of toxic and hazardous chemicals and materials
b. encourage information sharing on technical and economically available
toxic and hazardous free products and processes, best available
technologies and best environmental practices
c. monitor emissions and releases of toxic and hazardous industrial
chemicals and materials
d. reduce and / or eliminate the impacts of toxic and hazardous chemicals
and materials to human health and environment.
e. monitor contaminants of emerging concern in environmental andbiological media to determine their toxicity and hazards, and risks tohuman health and environment.
(3) No person, facility, plant or chemical process shall discharge, emit orrelease into the environment toxic and hazardous chemicals and materials inexcess of recommended standards for any environmental media.
(4) The owner, operator or a licensed agent to manufacture, distribute, store,transport, handle, import, export or an extractive activity shall undertake ahazard and risk assessment of toxic and hazardous chemicals and materials as
guided by the relevant lead agency(5) The Authority shall in consultation with the relevant lead agencies
develop guidelines for assessment, identification, characterization,
remediation, monitoring and use of chemically contaminated sites.
Dual-Use
Chemicals andIntermediate
Chemicals

45. The owner, agent or operator of a plant, chemical process or production
facility shall in accordance with the relevant provisions of this regulation andany other relevant law monitor, and undertake a hazard and risk assessment of
the toxic and hazardous dual-use chemicals and materials, and toxic andhazardous intermediate chemicals and materials.

PollutantRelease andTransfer
Register

46. (1) The Authority shall establish and maintain a Pollutant Release andTransfer Register for all facilities handling toxic and hazardous industrial
chemical and materials.
(2) The pollutant release and transfer register shall comprise:(a) Facility and its geographical location;(b) Activity;(c) Owner or operator, and, as appropriate, company;(d) Pollutant or waste, as appropriate;(e) Each of the environmental media into which the pollutant is released;and,(f) The destination of the transfer and, where appropriate, the disposal orrecovery operation for waste.
(3) A manufacturer of any chemical or material shall provide all data referredto under the pollutant release and transfer register form set out under Twelfth
Schedule within 3 months after the end of reporting year.
(4) The data referred to in subsection (2) above shall be submitted to the
Authority in electronic form.
(5) The pollutant release and transfer register shall be available to the public
on the Authority’s website.
(6) The owner or operator of a facility that releases or discharges toxic andhazardous industrial chemicals and materials into the environment above therecommended limits applicable to water, air, soil, sediment or applicable
environmental matrix shall report to the Authority within 6 hours.

Restriction andbanning

47 (1) The Authority shall advise the Cabinet Secretary to restrict or ban achemical or material based on the criteria set out in the Thirteenth Schedule.

(2) The Cabinet Secretary shall declare by gazette notice that the chemical or
the material has been restricted or banned and listed in the Sixth Schedule.
48. No person shall manufacture, export, import, distribute, store or handle
any banned chemical or material listed in the Sixth Schedule
49. No person shall manufacture, export, import, distribute, store or use
restricted chemical or material registered under the Sixth schedule without avalid licence from the Authority.
PART VIII: Records and reports
Records

50. (1) The exporter, importer, manufacturer or supplier shall keep a record of
all toxic and hazardous industrial chemicals or materials handled indicating
the quantities received or manufactured, balances in stock, and information
described under the First Schedule and shall be availed to the Authority on
demand.
(2) The record referred in (1) shall indicate the recipient, quantity, date andplace of use.
(3) The recipient or the user shall keep a record / inventory of the toxic andhazardous industrial chemicals and materials acquired, purchased or suppliedand disposed that comprises:(a) Chemical name(b) Product / Trade name(c) Material Safety Data Sheet(d) Manufacturer / Supplier name, registration and contact details.
(e) Hazard Characteristics(f) Uses(g) Disposal (after usage)(h) Any other relevant requirement as may be determined by the
Authority.

Reports

51. Any person handling a chemical or material registered under theseregulations shall;(a) in case of an incident notify the Authority within six hours(b) submit to the Authority a report in the format set out under the Fourteenth
Schedule within 7 days;

Reporting

52. (1) The national focal point to the relevant convention shall report to theSecretariat of the relevant conventions on the measures taken to implement
the provisions of agreements or conventions on the management of toxic andhazardous chemicals and material in fulfillment of the national obligations.
(2) The reporting format shall be in accordance with the requirements
provided by the applicable convention with respect to the toxic and hazardous
chemicals and materials.
PART IX: Offences
Offences andpenalties

53. (1) Any person who uses toxic and hazardous industrial chemicals ormaterials for the purposes other than those prescribed in a manner likely tocause adverse effects to human health and environment commits an offence(2) Any person who contravenes any provision of these regulations commits
an offence and upon conviction shall be liable to the penalty prescribed in
Section 93 and 141 and any other relevant section under the Act.
PART X TRANSITIONAL CLAUSE

Transitionalclause54. (1) Any manufacturer, importer, exporter transporter, distributor, storage,
handler or user of toxic and hazardous industrial chemicals or materials
covered under these regulations shall within six months of the commencementof these regulations comply with the provisions of these regulations.
(2) Any person who fails to comply with regulation 54 (1) shall be guilty of an
offence and upon conviction shall be liable to the penalty prescribed under theAct.

FIRST SCHEDULE

R 5(1), (2); 6; 50

CRITERIA FOR CLASSIFICATION OF INDUSTRIAL CHEMICALSAND MATERIALSPART I:

CLASSIFICATION BASED ON PHYSICAL HAZARDSClassification

Hazard statement

Hazardstatement
codes

General description

Capable by chemical
reaction to produce gas
at such a temperatureand pressure, and at suchspeed that causes
damage to thesurrounding.

Hazard Class

Hazard category

Explosives

Unstable explosive

Unstable explosives

H200

Division 1.1

Explosive; mass explosion hazard

H201

Division 1.2

Explosive; severe projection hazard

H202

Division 1.3

H203

Division 1.4

Explosive; fire blast or projection
hazardFire blast or projection hazard

Division 1.5

May mass explode in fire

H205

Division 1.6

No hazard statement

None

Flammable gas

Extremely flammable gas

H220

Pyrophoric gas

Extremely flammable gas

H220

May ignite spontaneously if exposed
to airExtremely flammable gas

H232

May react explosively even in theabsence of air
Extremely flammable gas

H230

May react explosively even in theabsence of air at elevated pressure
and / or temperature

H231

1B

Flammable gas

H221

2

Flammable gas

H221

1

Extremely flammable gas
Pressurized container: may burst if
heated.
Flammable gas

H222
H229

Pressurized container: may burst if
heated.

H229

3

Pressurized container: may burst if
heated.

H229

1

May cause or intensify fire; oxidizer

H270

Flammable
gases
1A

Chemicallyunstablegas

A

B

Aerosols

2

Oxidising
gases

H204

Ability to ignite (catchfire) easily and the main
hazards are fire or
explosion.

H220

H220

H223

Aerosol dispensers
containing a gas
compressed, liquefied or
dissolved under pressure
with a release device
allowing contents to beejected in suspension in a
gas as foam, paste or
powder or liquid state or
gaseous state.

Can cause or intensify afire or cause a fire or
explosion.

Classification

Hazard statement

Hazardstatement
codes

General description

Contains gas under pressure;
may explode if heated

H280
H280

3

Contains gas under pressure;
may explode if heatedContains refrigerated gas;
may cause cryogenic burns or
injuryContains gas under pressure;
may explode if heated
Extremely flammable liquidand vapour
Highly flammable liquid andvapourFlammable liquid and vapour

Due to the high pressure inside
the cylinder or container, it may
explode if heated. Refrigeratedliquefied gases are very cold andcan cause severe cold (cryogenic)
burns or injury

4

Combustible liquid

H227

1

Flammable solid

H228

2

Flammable solid

H228
H240

Type C and D

Heating may cause an
explosion
Heating may cause a fire or
explosion
Heating may cause a fire

Type E and F

Heating may cause a fire

H242

No hazard statement

None

Hazard Class

Hazardcategory

Gases underpressure

Compressedgas
Liquefied gas
Refrigeratedliquefied gas

Flammable
Liquids

1
2

Flammable
SolidsSelf-reactive
substances andmixtures

Type A
Type B

Type G

H281

H280
H224
H225
H226

H241

1

Catches fire spontaneously if
exposed to air

H250

Pyrophoric
solids1

Catches fire spontaneously if
exposed to air

H250

Self-heating
substances andmixtures1

Self-heating; may catch fire

H251

2

Self-heating in large
quantities; may catch fire

H252

Substances andmixtures which,in contact withwater, emit
flammablegases

1

In contact with water
releases flammable gases
which may ignite
spontaneously
In contact with water
releases flammable gases

H260

In contact with water
releases flammable gases

H261

3

Solids readily combustible or may
cause or contribute to fire
through friction.
May react on their own to causea fire or explosion, or may causea fire or explosion if heated even
without oxygen (air).

H242

Pyrophoric
liquids2

Liquids with a flash point of not
more than 93°C.

H261

Liquids that can catch fire very
quickly even in small quantities
after coming into contact with air
within 5 minutes.
Solids which even in small
quantities is liable to ignite within
5 minutes after coming into
contact with air.
May catch fire if exposed to air
and without energy supply. They
differ from pyrophoric liquids orsolids that will ignite only after alonger period of time or when inlarge amounts.
Substances that react with waterto release flammable gases. In
some cases, the flammable gases
may ignite very quickly(spontaneously).

Classification

Hazard statement

Hazardstatement
codes

General description

Liquid which in itself may not
be combustible, may, generally
by yielding oxygen, cause, or
contribute to, the combustionof other material.

Hazard Class

Hazard Class

Oxidising liquids

1

May cause fire or explosion;strong oxidiser

H271

2

May intensify fire; oxidizer

H272

3

May intensify fire; oxidizer

H272

1

May cause fire or explosion;strong oxidizer

H271

2

May intensify fire; oxidizer

H272

3

May intensify fire; oxidizer

H272

Type A

H240

Type C and D

Heating may cause an
explosion
Heating may cause a fire or
explosion
Heating may cause a fire

Type E and F

Heating may cause a fire

H242

No hazard statement

None

Oxidising solids

Organic
peroxides

Type B

Type G

H241

Solid which in itself may not be
combustible, may, generally byyielding oxygen, cause, or
contribute to, the combustionof other material.
May cause a fire or explosion if
heated/may undergo
exothermic self-accelerating
decomposition:

H242

Corrosive tometals1

May be corrosive to metals.

H290

May be corrosive (chemicallydamage or destroy) to metals.

Densensitized
explosives

1

Fire, blast projection hazard;
increased risk of explosion if
desensitizing agent isreducedFire or projection hazard;
increased risk of explosion if
desensitizing agent isreducedFire or projection hazard;
increased risk of explosion if
desensitizing agent isreducedFire hazard; increased risk of
explosion if desensitizing
agent is reduced

H206

An explosive that has had anagent added to stabilize (ordesensitize) it to suppress their
explosive properties so thatthey do not mass explode anddo not burn too rapidly andexempted from hazard class‘Explosives’.

2

3

4

H207

H207

H208

Simpleasphyxiants

Gases that may displace oxygen in air and cause rapid suffocation

Physical hazards
not otherwiseclassified

It covers any physical hazards that are not covered in any other physical hazard class. The hazard
statement on the label and MSDS will describe the nature of the hazard.

NB: Hazard statements are assigned alphanumerical code consisting of one letter and three numbers:
Hnxx where H stands for "hazard statement" where n=2 stands for physical hazards. xx is a sequential
numbering of hazards arising from the intrinsic properties of the substance or mixture.

PART II:

CLASSIFICATION BASED ON HEALTH HAZARDSClassification

Hazard statement

Hazardstatement
codes

Generaldescription

Oral

Fatal if swallowed

H300

DermalFatal in contact with skin

H310

Inhalation

Fatal if inhaled

H330

Fatal, toxic orharmful if inhaled,skin contact, or if
swallowed.

Oral

Fatal if swallowed

H300

DermalFatal in contact with skin

H310

Inhalation

Fatal if inhaled

H330

Oral

Toxic if swallowed

H301

DermalToxic in contact with skin

H311

Inhalation

Toxic if inhaled

H331

Oral

Harmful if swallowed

H302

DermalHarmful in contact with skin

H312

Inhalation

Harmful if inhaled

H332

Oral

May be harmful if swallowed

H303

DermalMay be harmful in contact with skin

H313

Inhalation

May be harmful if inhaled

H333

1

Causes severe skin burns and eye
damageH314

2

Causes skin irritation

H315

3

Causes mild skin irritation

H316

1

Causes serious eye damage

H318

2/2A

Causes serious eye irritation

H319

Causes eye irritation

H320

1

May cause allergy or asthma
symptoms or breathing difficulties
if inhaled

H334

1A

May cause allergy or asthma
symptoms or breathing difficulties
if inhaled

H334

1B

May cause allergy or asthma
symptoms or breathing difficulties
if inhaled

H334

1

May cause an allergic skin reaction

H317

1A

May cause an allergic skin reaction

H317

1B

May cause an allergic skin reaction

H317

Hazard Class

Hazard Category

Acute toxicity

1

2

3

4

5

Skin corrosion /irritation

Serious eye
damage /irritation
Sensitization(Respiratory or
Skin)

2B
Respiratory

Skin(Refer to tablebelow on ATE
Values and Criteria)

Cause severe skinburns and skinirritation.

Cause serious eye
damage and eye
irritation.
A respiratory
sensitizer may
cause allergy orasthma symptoms
or breathingdifficulties if
inhaled. Skin
sensitizer may
cause an allergic
skin reaction.

Classification

Hazard statement

Hazardstatement
codes

General description

May cause genetic defects

H340

Suspected of causing genetic
defects

H341

Genetic defects permanent changes(mutations) to body cells
may pass to future
generations. (Refer totable in the First Schedule
Part IV a)1(both 1A and
1B)
2

May cause cancer

H340

Suspected of causing cancer

H341

1(1A and 1B)
2

May damage fertility or theunborn childSuspected of damage fertility or
the unborn child

H360

Effects on or
via lactation

May cause harm to breast-fed
children

H362

Specific target
organ toxicity(STOT) – single
exposure

1

Can cause damage to organs

H370

2

May cause damage to organs

H371

3

May cause respiratory irritationor May cause drowsiness ordizziness

H335 or
H336

Specific target
organ toxicity(STOT) –repeated
exposure

1

Cause damage to organs

H372

2

May cause damage to organs

H373

Aspiration
hazard

1

May be fatal if swallowed andenters airways

H304

2

May be harmful if swallowed
and enters airways

H305

Hazard Class

Hazard Class

Germ Cell
Mutagenicity

1(both 1A and
1B)
2

Carcinogenicity

Reproductive
Toxicity

Biohazardous
infectious
materials
Health hazards
not otherwiseclassified

H361

May cause or suspected of
causing cancer.
(Refer to table in the First
Schedule Part IV b)
May damage or suspected
to damage fertility or theunborn child (baby).
(Refer to table in the First
Schedule Part IV c)
Can or may cause damage
to organs (e.g., liver,kidneys, or blood)
following a single
exposure.
Can cause or may cause
damage to organs (e.g.,liver, kidneys, or blood)
following prolonged orrepeated exposure.
May be fatal if they are
swallowed and enter the
airways.

These substances or materials known or reasonably expected to contain pathogens which
can cause disease in humans or animals. The pathogens include microorganisms, nucleic
acids or proteins (prions) while the infectious substances include biological products,
cultures, patient specimens and medical or clinical wastes.
Covers products that are not included in any other health hazard class. These hazards havethe characteristic of occurring following acute or repeated exposure and have an adverse
effect on the health of a person exposed to it.

NB: Hazard statements are assigned alphanumerical code consisting of one letter and three numbers:
Hnxx where H stands for "hazard statement" where n=3 stands for health hazards. xx is a sequential
numbering of hazards arising from the intrinsic properties of the substance or mixture.

Acute Toxicity Estimate (ATE) Values and Criteria
Toxicity
category

Exposure routes
LD50 Oral

LD50 Dermal

LC50 Inhalation

ExtremeHigh(mg/kgbodyweight)≤5
5 < to ≤ 50

(mg/kgbodyweight)≤50
50 < to ≤ 200

Gases(ppmV)≤ 100
100 < to ≤ 500

Vapours(mg/l)≤ 0.5
0.5 < to ≤ 2.0

Dusts and Mists(mg/l)≤ 0.050.05 < to ≤ 0.5

ModerateLow

50 < to ≤ 300
300 < to ≤ 2000

200 < to ≤ 1000
1000 < to ≤ 2000

500 < to ≤ 2500
2500 < to ≤ 20000

2.0 < to ≤ 10.0
10.0 < to ≤ 20

0.5 < to ≤ 1.0
1.0 < to ≤ 5.0

NB: Acute toxicity estimate (ATE) for the classification of a substance and a mixture derived using LD 50 or LC50.
A mixture may be derived by appropriate conversion value relating to classification category e.g. high, or range
test 5<to≤50. Inhalation cut-off values are based on 4 hour testing exposures. Gas concentration expressed inparts per million per volume (ppmV). Dust is solid particles of a substance or mixture suspended in air; Mist is
liquid droplets of a substance or mixture suspended in air, while, Vapour is the gaseous form of a substance or
mixture released from its liquid or solid state.

PART III:

CLASSIFICATION BASED ON ENVIRONMENTAL HAZARDSClassification

Hazard statement

Hazardstatement
codes

General description

Intrinsic property of a
substance to be injurious
to an aquatic organism in
the Short term.

Hazard Class

HazardCategory

Hazardous to the
Aquatic Environment(Acute aquatic toxicity)

Extreme /Acute 1

Very toxic to aquatic life

H400

High /
Acute 2

Toxic to aquatic life

H401

Moderate
Acute 3Harmful to aquatic life

H402

Chronic 1

Very toxic to aquatic life
with long lasting effects

H410

Chronic 2

Toxic to aquatic life withlong lasting effects

H411

Chronic 3

Harmful to aquatic life withlong lasting effects

H412

Chronic 4

May cause long lasting
effects

H413

Harms public health and theenvironment by destroying
ozone in the upper
atmosphere

H420

Hazardous to the
Aquatic Environment(Chronic-Long-term)

Hazardous to theozone layer

1(See criteria in Part III:
Table A below)
Intrinsic property of a
substance to cause
adverse effects to aquaticorganisms duringexposure determined inrelation to life-cycle of theorganism.

Substances or mixture that
depletes ozone layer inthe stratosphere.
(See criteria in Part III:
Table B below)

NB:
Hazard statements are assigned alphanumerical code consisting of one letter and three numbers:
Hnxx where H stands for "hazard statement" where n=4 stands for environmental hazards. xx is a sequential
numbering of hazards arising from the intrinsic properties of the substance or mixture.

A.

Hazardous to the Aquatic Environment (Acute Ecotoxicity / Acute Aquatic
Hazard) Classification Criteria
Toxicity category

96 hr LC50

48 hr LD50

72 or 96 hr ErC50(for fish)(for crustacea)(for algae or otheraquatic plants)(mg/l)(mg/l)(mg/l)

Extreme/ Category Acute 1

≤1

≤1

≤1

High

/ Category Acute 2

1< to ≤ 10

1 < to ≤ 10

1< to ≤ 10

10 < to ≤ 100

10 < to ≤ 100

10< to ≤ 100

Moderate / Category Acute 3
NB:

ErC50 is the concentration of test substance which results in a 50 percent reduction in growth rate.

B. Hazardous to the Ozone Layer Classification Criteria
Category

Criteria

1

Any controlled substances listed in Annexes to the Montreal; or Any mixture containing at least
one ingredient listed in the Annexes to the Montreal Protocol and Environment Management
and Coordination (Controlled Substances) Regulations, 2007, at a concentration ≥ 0.1 %PART IV:

CLASSIFICATION BASED ON CARCINOGENIC, MUTAGENIC ANDTERATOGENIC (TOXIC FOR REPRODUCTION) / (CMR) EFFECTSa) Classification Criteria for Germ Cell Mutagenicity
Group

Description

Definition

Group 1

Carcinogenic tohumans

The chemical or material (mixture) is definitely
carcinogenic to humans. The exposure circumstanceentails exposures that are carcinogenic to humans.

Group 2A

Probably
carcinogenic tohumans

The chemical or material (mixture) is probably
carcinogenic to humans. The exposure circumstanceentails exposures that are probably carcinogenic tohumans.
Limited evidence of carcinogenicity in human andsufficient evidence of carcinogenicity inexperimental animals.

Group 2B

Possibly
carcinogenic tohumansGroup 3

Group 4Not classifiable as toits carcinogenicity tohumans

Probably not
carcinogenic tohumansThe chemical or material (mixture) is possibly
carcinogenic to humans. The exposure circumstanceentails exposures that are possibly carcinogenic tohumans.
Limited evidence of carcinogenicity in humans andless than sufficient evidence of carcinogenicity inexperimental animals.
The chemical or material (mixture or exposure
circumstance) is not classifiable as to its
carcinogenicity to humans.
Evidence of carcinogenicity is inadequate in humans
and inadequate or limited in experimental animals.
The chemical or material (mixture or exposure
circumstance) is probably not carcinogenic tohumans.
Evidence suggesting lack of carcinogenicity inhumans and in experimental animals.

NB: Probably carcinogenic and possibly carcinogenic are descriptors with no quantitative significancewith probably carcinogenic signifying a higher level of evidence than possibly carcinogenic.

b) Classification Criteria for Carcinogenicity
Category

Classification Criteria

Description

Category 1A

Chemicals known to induceor regarded as if they induce
heritable mutations in humangerm cells.

Positive evidence from human epidemiologicalstudiesCategory 1B

Chemicals known to induceor regarded as if they induce
heritable mutations in humangerm cellsPositive results from in vivo heritable germ cellmutagenicity tests in mammals; orPositive results from in vivo somatic cellmutagenicity tests in mammals, in combination
with some evidence that the substance has
potential to cause mutations to germ cells.

Chemicals that may induce
heritable mutations inhumans germ cells

Category 2

Positive evidence obtained from experiments in
mammals and/or in some cases from in vitro
experiments, obtained from somatic cellmutagenicity test in vivo, in mammals; or otherin vivo somatic cell genotoxicity test which are
to be supported by positive results from in vitro
mutagenicity assays

NB: (1) Germ cells are those cells that are involved in the reproductive process and can give rise to a
new organism. (2) Somatic cells are all body cells except the reproductive germ cells. (3) In vitro(latin: in glass): study tests performed outside a living organism (4) In vivo (latin: in the living): study
tests performed in living organisms.

c) Classification Criteria for Reproductive Toxicity
iCategory

Classification
Criteria

Description

1

Known orpresumed humanreproductive
toxicantIncludes substances known to have produced
an adverse effect on sexual function andfertility or on development in human or forwhich there is evidence from animal studies
supplemented with other information on thecapacity of the substance to interfere withreproduction in humans.

1A

Known humanreproductive
toxicant

The evidence is largely based from humans

1B

Presumed humanreproductive
toxicant

The evidence is largely based fromexperimental animals.

2

Suspected humanreproductive
toxicant

There is some evidence from humans orexperimental animals, possibly supplemented
with other information and where theevidence is not sufficiently convincing toplace the substance in Category 1.

Classification
Criteria

Description

Effects on or via
Lactation

Substances which are absorbed by humans andshown to interfere with lactation or may bepresent (including metabolites) in breast milk in
sufficient amounts to cause health concern of thebreastfed child.

AdverseEffects on
SexualFunction andFertilityii

Category

Adverse1
Effects on the(Only onedevelopment
category)of theoffspring

Absorption, metabolism, distribution andexcretion studies that would indicate
substance present in potentially levels inbreast milk; and/or
Results of one or two generation studies inanimals provide clear evidence of adverse
effect in the offspring due to transfer in themilk or adverse effects on the quality of themilk; and/or
Human evidence indicating a hazard to babies
during the lactation period.

PART V:

CLASSIFICATION CRITERIA FOR MIXTURESOF TOXIC AND HAZARDOUS INDUSTRIAL CHEMICALSAND/OR MATERIALS

Test Data on the Mixture

Criteria

Sufficient data / test data available on thehazards of the complete / similar mixtures
to estimate classification hazards



Test data for that mixture is used to classify thehazards of the mixture.

Data / test data not available on thehazards of the complete mixtureApply “Bridging principles” on similar tested
mixtures– the available data for the substances
and/or ingredients that make up the mixture isused to characterize the hazards of the mixtureThe agreed method for estimating the hazards
based on the information known will be applied toclassify the mixture.



Apply “Summation method” – summation ofcomponents / ingredient concentrations based on
their hazard categories.



Applicable examples include estimating acutetoxicity, germ cell mutagenicity, carcinogenicity
and reproductive toxicity hazard classes.

Additivity formula - summation of components
concentrations based of the hazard parameter
being investigated e.g. acute toxicity.



Available information can provide a derived
conversion value which can be applied in aformula.

Data / test data not available on thehazards of the complete mixture; andavailable information not sufficient toapply bridging principles.
Data / test data only available on thehazards of all ingredients

Data not available for one or moreingredients of the mixture; or,Other data available to estimate
conversion values for classification

SECOND SCHEDULE

R 7(1), 8

REGISTER OF TOXIC AND HAZARDOUS INDUSTRIAL CHEMICALS AND MATERIALS
No.
1
2
3
4
5

NEMA Registration Number

Chemical Name

Product / Trade Name

HS No.

CAS No.

Hazard Characteristics

Uses

THIRD SCHEDULE

R 10(1)ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR REGISTRATION OF A TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICAL OR MATERIAL(To be submitted in triplicate and a soft copy)
Application Reference No.: …………………………………………………………………….
PART A – Personal details
Name of Applicant (Individual/Company): …………………………………………………….
…………………………………………………………………………………………………..
Postal Address: ………………………………………………………………………………….
Physical Address: ……………………………………………………………………………….
Fax: ……………………………………………………………………………………………..
Telephone: ………………………………………………………………………………………
E-mail Address: …………………………………………………………………………………
Certificate of Incorporation/Registration: ………………………………………………………
PIN: ……………………………………………………………………………………………..
Category of applicant (Manufacturer/Agent/Exporter/Importer): ……………………………..
Name & Address of Manufacturer (where applicable): ……………………………………….
…………………………………………………………………………………………………..
PART B- Chemical Details
Common name(s): ……………………………………………………………………………..
Chemical or Material name(s) and structural formula of the major active ingredient: ………..
………………………………………………………………………………………………….
CAS Registry No.: ……………………………………………………………………………..
HS No.: .………………………………………………………………………………………..
Intended use: …….…………………………………………………………………………….

PART C – Chemical Characteristics
1. Toxicity of toxic and hazardous industrial chemicals and materials to test animals (oral,
dermal and inhalation LD50 and LC50)(a) Toxicity to bees: ………………………………………………………………………..
(b) Toxicity to fish: ………………………………………………………………………...
(c) Toxicity to birds: ……………………………………………………………………..…
(d) Toxicity to soil micro-organisms: ………………………………………………………
(e) Toxicity to others: ………………………………………………………………………
2. Persistence in the environment: ……………………………………………………………
3. Safety measures(a) Antidote(s): …………………………………………………………………….……….
(b) Safety precautions: …………………………………………………………………...…
(c) First Aid measures: ……………………………………………………………………..
(d) Any other relevant safety measures: ……………………………………………………
4. Registration numbers and references of the product in the country of origin and any othercountry(s) where it is marketed: ……………………………………………………………
………………………………………………………………………………………………
5. Is the product authorized to be on the market in the country of origin? If yes, attach
evidence: ……………………………………………………………………………………
……………………………………………………………………………………………….
PART IV – Other relevant Information
1. Handling, storage and transportation information: …………………………………………
2. Indicate type of the packaging materials: …………………………………………………...
3. Methods of disposal: ………………………………………………………………………..
The information contained herein is correct to the best of my knowledge and belief.
Name of Legally Authorized person: …………………………………………………………...
Designation (if company) (Chairman, Secretary, etc.):…………………………………………
Signature of Applicant: …………………………………………
Date: ……………………………………………………………
Seal/Stamp: ……………………………………………………

NOTE:a) A separate application is required for each productb) If the space provided is not sufficient, attach a separate sheet.

FOURTH SCHEDULE
MATERIAL SAFETY DATA SHEET OUTLINE
Information on MSDS should be provided in the order provided below:
1. Identification;
2. Hazard identification;
3. Composition / information of ingredients;
4. First-aid measures;
5. Fire-fighting measures;
6. Accidental release measures;
7. Handling and storage;
8. Exposure controls / personal protection;
9. Physical and chemical properties;
10. Stability and reactivity;
11. Toxicological information;
12. Ecological information;
13. Disposal considerations;
14. Transport information;
15. Regulatory information;
16. Other information.

R 10(2)

FIFTH SCHEDULE

R 10(3)

CONTENTS OF RISK MAMANEMENT PLAN ANDTOXIC AND HAZARDOUS CHEMICALS (HAZCHEM) AND MATERIALS(HAZMAT) EMERGENCY RESPONSE PLAN
A. Risk Management Plan







Identification of the chemicals hazards / estimation of exposure.
Hazard assessment and characterization including those affected and the how they areaffected.
Evaluation of the risks (the actions and pre-cautions needed).
Decision criteria to determine acceptable levels of risk.
Documentation and implementation.
Any other relevant requirement as may be determined by the Authority.

B. Chemicals (HAZCHEM) and Materials (HAZMAT) Emergency Response Plan Notification procedures – persons and authorities to contact and how to contact.
 Emergency procedures to contain and decontaminate spills – immediate actions to betaken by driver or responsible staff, and the company when informed).
 Emergency equipment to be carried on the vehicle and on site such as personalequipment, absorbents, neutralizing solutions and salvage drums.
 Material safety data sheets of hazardous substance manufacture or transported.
 Site map indicating where hazardous chemicals are stored.
 Responsibilities of key persons in managing emergencies including on-site emergency
response teams.
 Circumstances to activate the HAZCHEM and/or HAZMAT plan.
 Systems for raising the alarm.
 Estimating the extent of the emergency.
 Summoning emergency services authorities in the event of an emergency.
 Protection of all persons including detailed evacuation procedures and methods foraccounting for all people at the workplace.
 Isolation of the emergency area to prevent entry by non-essential personnel.
 Incident Command System and Lead Agency.
 Hazardous Chemicals and/or Material Incident Classification.
 Fire-water retention procedures to ensure that contaminated fire-water cannot enterwaterways, drains or ground water.
 Disconnection of power supplies and other energy sources except when required tomaintain safety of a critical operation or to run emergency.
 Prevention of hazardous chemicals or contaminated material of any kind from enteringdrains or waterways.
 Provision of relevant information and assistance to the emergency services authority,
both in anticipation of emergencies and when they occur.
 Maintenance of site security throughout the emergency.
 Provision for dealing with the public and the press.
 Waste management, site rehabilitation, restoration, and remediation requirements.
 Apply or Use Kenya Standard Emergency Response Guide where applicable.
 Any other relevant requirement as may be determined by the Authority.

FIFTH SCHEDULE

R 14 (3)

FORM A

EMCA Cap 387, 119(1)ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR ANALYTICAL AND / OR REFERENCE LABORATORYDESIGNATION(To be submitted in triplicate and a soft copy)

Introduction and instructions
1. This application form should be completed in detail and returned with the laboratory’s control
manual or equivalent documents.

2. Additional information may be given on supplementary sheets clearly indicating theparagraphs to which they refer. In paragraphs 8 onwards when the information requested incontained in the Control Manual, it is sufficient to enter a reference to the appropriate sectionof the Control Manual.

3. All information provided will be treated in the strictest confidence.

NEMA Reference Number: …………………………………………………………………….

NEMA Ref. No: ……………………….
PART A
1. Name and Address of Testing Laboratory
Telephone No. :Mobile:Facsimile/Telex No.:
Email:
Physical Address:
2. Name and Address of parent organization, if any
Telephone No. :Facsimile/Telex No.:
Email Address:
3. Name, Position (Director level) and address of theapplicant (if different from that given in para.1)
4. Name of main contact with NEMA and that of his
deputy, and addresses (if different from that given in
Paragraph 1)
5. Specify as precisely as possible in the following table
the scope of accreditation sought. Wherever possible,
standard specifications should be quoted in column 3 ofthe table. These may include specifications issued bycompanies and other organizations, both Kenya andforeign, as well as national and international standards.
Please give the reference number and date ofspecifications listed.

Signature:……………………………………………………………..

Name:……………………………………………………………..

Title:……………………………………………………………..

Date:…………………………………………………………….

Visit the NEMA website (www.nema.go.ke) to complete the application process

FIFTH SCHEDULE

R 14 (4)

FORM B

Licence No. : …………………………………………….
Application Reference No. : ……………………………..
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
ANALYTICAL AND/OR REFERENCE LABORATORY OPERATIONAL LICENCE
Name: …………………………………………………………………………………………
Physical Address: ……………………………………………………………………………….
Postal Address: ………………………………………………………………………………….
You are hereby licensed to operate an Analytical and/ or Reference laboratory to undertake:…………………………………………………………………………………………………
This licence is valid from: ……………… 20…….. to ……………................20……………..
This licence is subject to the following terms and conditions:..…………………………………………………………………………………………………
..…………………………………………………………………………………………………
..…………………………………………………………………………………………………
..…………………………………………………………………………………………………
..…………………………………………………………………………………………………
..…………………………………………………………………………………………………
Dated this …..…………. day of ……….……….……. 20.…….
Signature ………………………………………………
(Seal)
Director General
National Environment Management Authority

SIXTH SCHEDULE

R 18, 32(1)(4), 33 (6), 47(2), 48, 49

RESTRICTED AND BANNED CHEMICALS AND MATERIALSPart I: Restricted Chemicals
No

Chemical Name

CAS. No.

HS No(Pure Substance)

Status1.

Asbestos
Crocidolite
Actinolite
Anthophyllite
AmositeTremolite

12001-28-4
77536-66-4
77536-67-5
12172-73-5
77536-68-6

2524.102524.902524.902524.902524.90

Restricted
Restricted
Restricted
Restricted
Restricted2.

Polybrominated biphenyls(PBB)

3.

Polychlorinated biphenyls (PCB)

4
5.
6.
7.

Polychlorinated terphenyls (PCT)
Tetraethyl lead
Tetramethyl lead
Tris (2,3-dibromopropyl) phosphate
Tributyl tin compounds

8

Commercial octabromodiphenyl ether
including:- Hexabromodiphenyl ether- Heptabromodiphenyl ether

36483-60-0
68928-80-3

Restricted
Restricted

Commercial pentabromodiphenyl
ether including:- Tetrabromodiphenyl ether- Pentabromodiphenyl ether

40088-47-932534-81-9

Restricted
Restricted

91336-36-3 (hexa-)
27858-07-7(octa-)
13654-09-6 (deca-)
1336-36-3-

Restricted
Restricted
Restricted
Restricted

61788-33-3
78-00-2
75-74-1
126-72-7, 56-35-9,
4342-36-3, 1461-22-9,
1983-10-4, 24124-25-2,
2155-70-6, 85409-17-2-

Restricted
Restricted
Restricted
Restricted
Restricted2931.102931.102919.102931.20

Remarks (Extent of Use)

10

11

Perfluorooctane sulfonic acid,
Perfluorooctane sulfonates,
Perfluorooctane sulfonamides andPerfluorooctane sulfonyls including:- Perfluorooctane sulfonic acid
- Potassium perfluorooctane
sulfonate- Lithium perfluorooctane
sulfonate- Ammonium perfluorooctane
sulfonate- Diethanolammonium
perfluorooctane sulfonate- Tetraethylammonium
perfluorooctane sulfonate- Didecyldimethylammonium
perfluorooctane sulfonate- N-Ethylperfluorooctane
sulfonamide- N-Methylperfluorooctane
sulfonamide- N-Ethyl-N-(2-hydroxyethyl)
perfluorooctane sulfonamide- N-(2-Hydroxyethyl)-Nmethylperfluorooctane
sulfonamide- Perfluorooctane sulfonyl fluoride
Mercury,
Mercury compounds,
Mercury-added products andManufacturing processes using
mercury or mercury compounds

1763-23-1
2795-39-3

Restricted
Restricted29457-72-5
29081-56-9

Restricted
Restricted

70225-14-8

Restricted

56773-42-3

Restricted251099-16-8

Restricted4151-50-2

Restricted

31506-32-8

Restricted1691-99-2

Restricted24448-09

Restricted307-35-7

Restricted7439-97-6

2852.10

Restricted






Phase-out date for mercury- added products(manufacture, import or export) -Year 2020
Phase-out date for chlor-alkali production using
mercury - Year 2025.
Phase-out date for acetaldehyde production using
mercury or mercury compounds as catalyst - 2018
Vinyl chloride monomer production to reduce useof mercury per unit production by 50% by the2020 against 2010 use.
Sodium or Potassium Methylate or Ethylate
production to;i. phase-out use of mercury within 10 years ofentry into force of the Convention, andii. reduce emissions and releases of mercury perunit production by 50% by 2020 against 2010use.
 Polyurethane production to phase-out use of
mercury catalysts within 10 years of entry into
force of the Convention.

Part II: Banned Chemicals
No.

Chemical Name

CAS. No.

Status1

Hexabromobiphenyl

36355-01-8

Banned2

Hexabromocyclododecane (HBCDD)

25637-99-4

Banned3

Pentachlorobenzene

608-93-5

Banned4

Decabromodiphenyl ether

1163-19-5

Banned5

Hexachlorobutadiene

87-68-3BannedOr any other chemical or material that the Cabinet Secretary may gazette

Remarks (Extent of Use)SEVENTH SCHEDULE

R 19 (2); 37(5)HAZARD AND RISK SYMBOLS
Physical, Health and Environmental Hazard Pictograms
HazardPictogram

Code

Indication

Meaning

GHS04

Gas underpressureContains gas under pressure; may explode if heated.
Contains refrigerated gas; may cause cryogenic burns or
injury.

GHS01

Explosive

Unstable explosive.
Explosive; mass explosion hazard.
Explosive; severe projection hazard.
Explosive; fire, blast or projection hazard.
May mass explode in fire.

GHS03

Oxidising

May cause or intensify fire; oxidiser.
May cause fire or explosion; strong oxidiser.

GHS02

Flammable

Extremely flammable gas; Flammable gas; Extremely
flammable aerosol; Flammable aerosol; Highly flammableliquid and vapour; Flammable liquid and vapour;
Flammable solid.

Physical /healthGHS05

Corrosive

May be corrosive to metals.
Causes severe skin burns and eye damage.

Health

GHS07

HealthhazardMay cause respiratory irritation; May cause drowsiness ordizziness; May cause an allergic skin reaction; Causes
serious eye irritation; Causes skin irritation; Harmful if
swallowed; Harmful in contact with skin; Harmful if
inhaled; Harms public health and the environment bydestroying ozone in the upper atmosphere.

GHS06

Acute
toxicity

Fatal if swallowed.
Fatal in contact with skin.
Fatal if inhaled.
Toxic if swallowed.
Toxic in contact with skin.
Toxic if inhaled.

GHS08

SerioushealthhazardMay be fatal if swallowed and enters airways; Causes
damage to organs; May cause damage to organs; May
damage fertility or the unborn child; Suspected ofdamaging fertility or the unborn child; May cause cancer;
Suspected of causing cancer; May cause genetic defects;
Suspected of causing genetic defects; May cause allergy
or asthma symptoms or breathing difficulties if inhaled.

GHS09

Hazardous
to theenvironment

Very toxic to aquatic life with long lasting effects.
Toxic to aquatic life with long lasting effects.

PhysicalEnvironmental

Transport Pictograms
CLASS 1: EXPLOSIVES
Pictogram

GHS Hazard

Divisions
1.1 to 1.3

Hazard Class & Category
Division 1.1: Substances and articles which have a mass
explosion hazard
Division 1.2: Substances and articles which have a projection
hazard but not a mass explosion hazard
Division 1.3: Substances and articles which have a fire hazard
and either a minor blast hazard or a minor projection hazard orboth, but not a mass explosion hazard

Division 1.4

Substances and articles which are classified as explosives but
which present no significant hazard

Division 1.5

Very insensitive substances which have a mass explosion hazard

Division 1.6

No hazard statement

Division 2.1

Flammable Gases
Gases which at 20 degrees Celsius and a standard pressure of
101.3kPa are either ignitable when in a mixture of 13 percent orless by volume with air, or have a flammable range with air of atleast 12 percentage points regardless of the lower flammable limit

Division 2.2

Nonflammable Nontoxic Gases
1. Gases which are asphyxiant. Gases which dilute or replace theoxygen normally in the atmosphere
2. Gases which are oxidising: Gases which may, generally byproviding oxygen, cause or contribute to the combustion ofother material more than air does
3. Gases which do not come under the other divisions

Division 2.3

Toxic Gases
1. Gases which are known to be so toxic or corrosive to humans
as to pose a hazard to health
2. Gases which are presumed to be toxic or corrosive to humans
because they have an LC50 value equal to or less than 5,000
ml/m3 (ppm)

CLASS 2: GASESCLASSES 3 AND 4: FLAMMABLE LIQUIDS AND SOLIDSClass 3- Flammable Liquids
Class 4 – Flammable Solids
Pictogram

GHS Hazard

Hazard Class & Category
Flammable Liquids

Class 3Liquids which have a flashpoint of less than 60 degrees Celsius andwhich are capable of sustaining combustion.
(There are no subdivisions within this class).

Flammable Solids, Self-reactive Substances and Solid Desensitized
Explosives

Division 4.1

Solids which, under conditions encountered in transport, are readily
combustible or may cause or contribute to fire through friction; selfreactive substances which are liable to undergo a strongly exothermic
reaction; solid desensitized explosives which may explode if not diluted
sufficiently

Substances Liable to Spontaneous Combustion

Division 4.2

Substances which are liable to spontaneous heating under normal
conditions encountered in transport, or to heating up in contact with air,and being then liable to catch fire
Substances which in Contact with Water Emit Flammable Gases

Division 4.3

Substances which, by interaction with water, are liable to become
spontaneously flammable or to give off flammable gases in dangerous
quantities

OTHER GHS TRANSPORT CLASSESClass 5 – Oxidizing SubstancesClass 6 – Toxic and Infectious SubstancesClass 7 – Radioactive Material
Class 8 – Corrosives
Class 9 – Miscellaneous Dangerous Goods
Oxidizing Substances

Division 5.1

Substances which, while in themselves not necessarily combustible, may,generally by yielding oxygen, cause, or contribute to, the combustion ofother material
Organic Peroxides

Division 5.2

Organic substances which contain the bivalent -0-0- structure and may beconsidered derivatives of hydrogen peroxide, where one or both of thehydrogen atoms have been replaced by organic radicals

OTHER GHS TRANSPORT CLASSESClass 5 – Oxidizing SubstancesClass 6 – Toxic and Infectious SubstancesClass 7 – Radioactive Material
Class 8 – Corrosives
Class 9 – Miscellaneous Dangerous Goods
Pictogram

GHS Hazard

Hazard Class & Category
Toxic Substances

Division 6.1

Substances with an LD50 value ≤ 300mg/kg (oral) or ≤ 1,000 mg/kg(dermal) or an LC50 value ≤ 4,000 ml/m3 (inhalation of dusts or mists)

Radioactive Material

Class 7

Any material containing radionuclides where both the activity
concentration and the total activity exceeds certain pre-defined values.
(There are no subdivisions within this class).

Corrosive SubstancesClass 8

1. Substances which cause full thickness destruction of intact skin on
exposure time of less than 4 hours
2. Substances which exhibit a corrosion rate of more than 6.25 mm per
year on either steel or aluminum surfaces at 55 degrees Celsius(There are no subdivisions within this class).

Miscellaneous Dangerous Goods

Class 9No Pictogram
within this Class

Substances and articles that present a danger or hazard during transport
which are not covered by other classes. The class comprises but notlimited to, environmentally hazardous substances, substances transported
at elevated temperatures, miscellaneous articles and substances,
genetically modified organisms and micro-organism, magnetizedmaterials and aviation regulated substances.
(There are no subdivisions within this class).

EIGHTH SCHEDULE

R 24(2)

FORM 1ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR LICENCE TO MANUFACTURE/ IMPORT/ EXPORT TOXICAND HAZARDOUS INDUSTRIAL CHEMICALS OR MATERIALS(To be submitted in triplicate and a soft copy)
Contact details
Applicant’s full name: …………………………………………………………………………..
Address: ………………………………………………………………………………………...
Tel. No.: ………………………………………………………………………………………...
Cell phone No.: …………………………………………………………………………………
E-mail: …………………………………
Fax: ………………………………………
Full Name and Address of the Manufacturer: ………………………………………………….
…………………………………………………………………………………………………...
Manufacturing site information;
Physical Location (county, town, street,): ..................................................................................
L.R. No.: .....................................................................................................................................
G.P.S. Coordinates: .....................................................................................................................
Environment Impact Assessment Licence: ..............................................................................
Product information
a. Registration number: ………………………………………………………………………..
b. Common names: ……………………………………………………………………………
c. Chemicals or materials name: ………………………………………………………………
d. Trade name: …………………………………………………………………………………
e. Formulation: ………………………………………………………………………………...
f. Concentration: ………………………………………………………………………………
g. State of product (technical or formulated): …………………………………………………
h. Purpose for Manufacture: ……………………………………………………………….......
i. Quantity (Weight, Volume): ..................................................................................................
DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct or true to the best of myknowledge.
Name: …………………………………………………………………………………………...
Signature: …………………………………… Date: ………………………………………….
FOR OFFICIAL USE ONLYApproved/Not approved: ……………….……….………………………………………………
Comments: …………………………………………………………………………………...…
Receipt No.: ……………........................ Amount (KShs): .........................................................
Officer’s Name: ……………………………………………………………………………..…..
Signature: ………………………………….… Date: …….……………………………………

EIGHTH SCHEDULE

R 24(3)

FORM 2
Licence No.: …………………………………………………
Application Ref. No.: …………………………………………

ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
LICENCE TO MANUFACTURE/ IMPORT/ EXPORT TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICALS OR MATERIALSApplication Ref. No.: …………………………………………………………………………...
Name: …………………………………………………………………………………………...
…………………………………………………………………………………………………...
Address: ………………………………………………………………………………………...
Tel. No.: ………………………………………………………………………………………...
This Licence is granted to (name of the applicant): …………………………………………….
…………………………………………………………………………………………………...
Address: ………………………………………………………………………………………..
to Manufacture Chemicals and / or Materials as follows:
Chemicals and / or Materials: …...……………………………………………………………...
Quantity: ………………………………………………………………………………………...
Registration No.: ………………………………………………………………………………..
For sale /export /own use: ………………………………………………………………………
This Licence is valid from: …………………...………. to …………………..……………….
Signed: …………………………………….. Date: …………………………………………..

(Official seal)
Director General
National Environment Management Authority

EIGHTH SCHEDULE

R 24(4)

FORM 3
Application Reference No.: …………………………………….
Licence No.: …………………………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
NOTIFICATION OF TRANSFER OF LICENCE TO MANUFACTURE/ IMPORT/EXPORT/ TRANSPORT/ DISTRIBUTE/ STORAGE OF TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICALS OR MATERIALSPART A:DETAILS OF CURRENT LICENCE

A1: Name of the current licence holder: …………………………………………………….
A2: PIN No.: ………………………………………………………………………………...
A3: Tel. No.:…………………………………………………………………………………
A4: E-mail Address: …………………………………………………………………………
A5: Application Number of the Current Licence: …………………………………………...
A6: Date of issue of the Current Licence: …………………………………………………...
A7: Licenced activity: ……………………………………………………………………….
PART B:DETAILS OF THE TRANSFEREEB I: Name (Individual/Firm): .……………………………………………………………......…
B2: PIN No.: .…………………………………………………………………………….……..
B3: Address: …………………………………………………………………………………….
B4: Tel. No.: …………………………………………………………………………………….
B5: E-mail Address: ……………….............................................................................................
B6 Name of contact person: …………………………………………………………………….
B7: Capacity of transferee to run the licence activity (financial, technological, manpower): ….
……………………………………………………………………………………………….…..
PART C:REASON(S) FOR TRANSFER OF LICENCE………………………………………………………………………………………………….
…………………………………………………………………………………………………..
…………………………………………………………………………………………………..
PART D:DECLARATION BY TRANSFEROR AND TRANSFEREE

It is hereby notified that (Transferor) ………………………….of (Postal Address) …….……
……………….has on this……………… day of………………… 20………… transferred the
Manufacture/ Import/ Export/ Transport/ Distribute/ Storage licence No: ……………… to(Transferee) .. …………………. of (Postal Address) ………………………………….who
will assume his responsibility for all liability under this project.

Transferor
Name: ……………………………..
Postal Address: …………………….
Signed: …………………………….
Date: ………………………………

PART E:

Transferee
Name: ……..………………………….
Postal Address: ……………………….
Signed: ………………………………..
Date: ………………………………….

FOR OFFICIAL USE

Approved/Not approved: ……………….……….………………………………………………
Comments: …………………………………………………………………………………...…
Receipt No.: ……………........................ Amount (KShs): .........................................................
Officer’s Name: ……………………………………………………………………………..…..
Signature: ………………………………….… Date: …….……………………………………

EIGHTH SCHEDULE

R 24(6)

FORM 4
Application Reference No.: ……………………….
Certificate No.: ……………………………………
The Environmental Management And Coordination Act, Cap 387
CERTIFICATE OF TRANSFER OF LICENCE TO MANUFACTURE/ IMPORT/EXPORT/ TRANSPORT/ DISTRIBUTE/STORAGE OF TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICALS OR MATERIALSThis is to certify that the Licence to Manufacture/ Import/ Export/ Distribute/ Transport/
Storage
of
Toxic
and
Hazardous
Industrial
ChemicalsorMaterials
number……………………….. (Licence No.) issued on ………………. (date) to ………
……………………………………… (name of previous holder) of ………………..………….
(Postal address) ……………………………. regarding ………………………………………
(licenced activity) whose objective is to ………………………..………………………………
……………………….........………………………..……………………………………………
……………………………………………………... (briefly describe purpose) located at……………………………. (Title No., Locality and County) has been transferred to…………………………………………...
(name
of
new
holder)of…………………………… (Postal address) with effect from …………………………. (dateof transfer) in accordance with the provisions of the Act.
Dated this…………. day of………… (Month) 20 …………… (Year)
Signature …………………………………………….
(Seal)
Director General
National Environment Management Authority

EIGHTH SCHEDULE

R 25(2)

FORM 5
Application Reference No.: …………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR PERMIT TO IMPORT/ EXPORT TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICALS OR MATERIALS(To be submitted in triplicate and a soft copy)
Personal details
Applicant’s full name: …………………………………………………………………………..
Address: ………………………………………………………………………………………...
Tel. No.: ………………………..................... Cellphone No: .……..………………………….
E-mail: ………………………………………. Fax No.: ………………………………….……
Full Name and Address of the Exporter or Importer:…………………………………………...
…………………………………………………………………………………………………..
Nature of Business (Importer / Exporter / Wholesaler /Retailer /Distributor / Research /Other): ………………..................................................................................................................
Product information
1. Registration number: ………………….… Date of Expiry: ………………………………..
2. Country of Manufacture: ……………………………………………………………………
3. Country of origin (if being imported): ……………………………………………………...
4. Country of destination (if being exported or re-exported): …………………………………
5. Common names: ……………………………………………………………………………
6. Chemical or material name: ………………………………………………………………...
7. Trade name: …………………………………………………………………………………
8. Formulation: ………………………………………………………………………………...
9. Concentration/Purity: ……………………………………………………………………….
10. State of product (technical or formulated): …………………………………………………
11. Purpose of export/import: …………………………………………………………………..
a. For resale: …………………………………………………………
b. For manufacturing purpose: ………………………………………
c. For importers own use: …………………………………………...
d. Others (specify): ………………………………………………….
12. Quantity (weight or volume): …………………………………………….
13. Annual usage (weight or volume): ……………………………………….
14. Value (Free On Board) Kshs.: ................................................................................................
15. Licences (Environmental Impact Assessment, etc):...............................................................

DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct to the best of my knowledge.
Name: ……………………………………………………………………………………
Signature: ………………………………… Date:…. …………………………………..

FOR OFFICIAL USE ONLYApproved / Not Approved: ……………………………………………………………………..
Comments: ………………………………………………….…………………………………..
Receipt No.: ……………........................ Amount (KShs): .........................................................
Officer’s Name: ……………………………………………………………………………..…..
Signature: ………………………………….… Date: …….…………………………………….

EIGHTH SCHEDULE

R 25(2)

FORM 6
Permit No.: ……………………………………………
Application Ref. No.: ………………………………….

ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
PERMIT TO IMPORT/ EXPORT TOXIC AND HAZARDOUS INDUSTRIAL
CHEMICALS OR MATERIALS
Name: …………………………………………………………………………………………..
Address: ………………………………………………………………………………………..
Tel. No.: ………………………………………………………………………………………..
This Permit is granted to (name of the applicant): …………………………………………….
…………………………………………………………………………………………………..
Address : ……………………………………………………………………………………….
To import /export/manufacture Chemicals or Materials as follows:
Chemicals or Materials: ……………………………………………………………………….
Quantity: …………………………............................................................................................
Registration No.: .......................................................................................................................
For resale / manufacture /export/import/own use: .....................................................................
This Permit is valid from: ……………………. to …………………………..
Signed: ......................................................... Date: …………………………………………..

(Official seal)

Director General
National Environment Management Authority

EIGHTH SCHEDULE

R 33 (3)

FORM 7ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR PERMIT TO USE TOXIC AND HAZARDOUS INDUSTRIAL
CHEMICALS OR MATERIALS FOR MINING / EXTRACTIVE ACTIVITIESContact details
Applicant’s full name: …………………………………………………………………………..
Address: ………………………………………………………………………………………...
Tel. No.: ………………………………………………………………………………………...
Cell phone No.: …………………………………………………………………………………
E-mail: …………………………………
Fax: ………………………………………
Full Name and Address of the Manufacturer: ………………………………………………….
…………………………………………………………………………………………………...
Mining site information;
Physical Location (county, town, street,): ..................................................................................
L.R. No.: .....................................................................................................................................
G.P.S. Coordinates: .....................................................................................................................
Environment Impact Assessment Licence: ..............................................................................
Product information
Registration number: …………………………………………………………………………...
Common names: …………………………………………………………………………….….
Chemicals or materials name: ……………………………………………………………….….
Trade name: …………………………………………………………………………………….
Concentration: ……………………………………………………………………………….….
State of product (technical or formulated): ………………………………………………….….
Purpose for use in mining: ..…………………………………………………………….............
Quantity (Weight, Volume): ........................................................................................................
Onsite / Mining site storage facility: .........................................................................................
DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct / true to the best of my knowledge.
Name: …………………………………………………………………………………………...
Signature: …………………………………… Date: ………………………………………….
FOR OFFICIAL USE ONLYApproved/Not approved: ……………….……….………………………………………………
Comments: …………………………………………………………………………………...…
Receipt No.: ……………........................ Amount (KShs): .........................................................
Officer’s Name: ……………………………………………………………………………..…..
Signature: ………………………………….… Date: …….……………………………………

EIGHTH SCHEDULE

R 33 (5)FORM 8Permit No.: ……………………………………………
Application Ref. No.: ………………………………….

ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
PERMIT TO USE TOXIC AND HAZARDOUS INDUSTRIAL CHEMICALS OR
MATERIALS IN MINING / EXTRACTIVE ACTIVITIESName: …………………………………………………………………………………………..
Address: ………………………………………………………………………………………..
Tel. No.: ………………………………………………………………………………………..
This Permit is granted to (name of the applicant): …………………………………………….
…………………………………………………………………………………………………..
Address: ……………………………………………………………………………………….
To use toxic and hazardous industrial chemicals and / or materials for Mining / Other
Extractive Activities as follows:
Chemicals orMaterials

RegistrationNo.

CAS No.

HS No.

Quantity

Purpose: Mining / Other
Extractive Activities

Location of mining site (LR. No./ County/ Town/ Other): …………………………………….
………………………………………………………………… ……………………………….
GPS Coordinates: ……………….………………………………………………………………
This Permit is valid from: …………………………..….. to ……….…………………………..
This permit is subject to the following conditions:..………………………………………………………………………………………………….
.………………………………………………………………………………………………….
Signed: ............................................................. Date: ………………………………………….
(Official seal)

Director General
National Environment Management Authority

EIGHTH SCHEDULE

R34(2)FORM 9Application Ref. No.: ………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR LICENCE TO DISTRIBUTE TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICALS OR MATERIALS(To be submitted in triplicate and a soft copy)
A. Person/ Firm/ Agent Information
Name of the applicant: ………………………………………………………………………….
PIN No.: ………………………………………………………………………………...............
Tel. No.: ………………………………………………………………………………………...
E-mail Address: …………………………………………………………………………………
Licenced activity: ……………………………………………………………………………….
B: Storage Facility/ies
Location (County, Town): …………………………………………………………………….
GPS Coordinates: ………………………………………………………………………………
Type (Warehouse/ Drum Store/ Tanks / Others ): ……………………………………………...
Capacity: ………………………………………………………………………………………..
Description of the neighbourhood / surrounding environment: ………………………………...
…………………………………………………………………………………………………...
Environment Impact Assessment Licence: ……………………………………………………..
C. Inventory of Chemicals or Materials under Storage
Name ofChemicals orMaterialUN
Hazard
Class

CAS
No.

HS
No.

Unit
Total
Capacity of weight orContainer
volumePurpose: For resale/ Manufacture /Export/ Import/
Own Use/ Other

D. Details of Mode of Transport
Mode of transport (road, water, air): ………………………………………………………..…..
Type of Transport (vehicles/ ship / vessel/ aircraft/ other): ………………………………...…..
Registration number: ……………………………………………………………………………
Approval licence/ permit/ other to transport: …………………………………………………...
Origin and destination: ...………………………………………………………………………..
Proposed transport route on a scaled map: ……………………………………………………..
Frequency and duration: ………………………………………………………………………..

E. Inventory of Chemicals or Materials in Transit
Name ofChemicals orMaterial

UN HazardClass

CAS No.

HS No.

Unit
Capacity ofContainer

Total weightor volume

F. Hazard Assessment
Describe the hazards of substance under storage (flammable/toxic/ explosive/ corrosive/other): …………………………………………………………………………………………...
…………………………………………………………………………………………………...
List fire protection, spillage, release and pollution prevention / mitigation equipment in thevehicle, vessel or aircraft:
1. …………………………………………………
2. …………………………………………………
Describe the hazards of substance under storage (flammable/toxic/ explosive/ corrosive/other): …………………………………………………………………………………………...
…………………………………………………………………………………………………...
List fire protection, spillage, release and pollution prevention / mitigation equipment in thevehicle, vessel or aircraft:
1. …………………………………………………
2. …………………………………………………
Employees and emergency response team and their qualifications (attach document proof):Name

Training and Qualification

Specific action to be taken by emergency response staff in the event of an incident (spill/
release/ fire / other): ……………………………………………………………………………
…………………………………………………………………………………………………..
G. Storage Requirement
Applicant meets the storage safety requirements set out the Tenth Schedule of the toxic andhazardous industrial chemicals and materials regulations:
Yes

No(Tick as appropriate)

H. Emergency Response Plan
Emergency and response plan with contents set out in the Fifth Schedule submitted:
Yes

No(Tick as appropriate)

I. Quality Assurance
Provide certification of approval of the design, construction and testing of warehouse, storage
and container tanks for bulk toxic and hazardous chemical or material transportation: ………
…………………………………………………………………………………………………...
J. Any other information………………………………………………………………………...........................................
Date: ………………………………………. Signature: ………………………………………
Designation / Title: …………………………………………………………………..…………
FOR OFFICIAL USE ONLYApproved/Not approved: ……………….……….………………………………………………
Comments: …………………………………………………………………………………...…
Receipt No.: ……………........................ Amount (KShs): .........................................................
Officer’s Name: ……………………………………………………………………………..…..
(Official Seal)
Signature: ………………………………….… Date: ……………………………………….

EIGHTH SCHEDULE

R34(3)FORM 10
Licence No.: ……………………………………………
Application Ref. No.: ………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
LICENCE TO DISTRIBUTE TOXIC AND HAZARDOUS INDUSTRIAL
CHEMICALS OR MATERIALS
Name: …………………………………………………………………………………………..
Address: ………………………………………………………………………………………..
Tel. No.: ………………………………………………………………………………………..
.

This Licence is granted to (name of the applicant): …………………………………………….
…………………………………………………………………………………………………..
Address: ……………………………………………………………………………………….
to distribute the following toxic and hazardous industrial chemicals or materials
Name ofChemicals orMaterialUN
Hazard
Class

CAS
No.

HS
No.

Unit
Total
Capacity of weight orContainer
volumePurpose: For resale/ Manufacture /Export/ Import/
Own Use/ OtherThis licence applies to the following storage and transportation facilities:
Storage
Location (County, Town): …………………………………………………………………….
GPS Coordinates: ………………………………………………………………………………
Type (Warehouse/ Drum Store/ Tanks / Others): ……………………………………………...
Capacity: ………………………………………………………………………………………..
Transport
Mode of transport (road, water, air): ….………………………………………………………..
Type of transport (vehicles/ ship / vessel/ aircraft/ other): .........………………………………
Registration number: ……………………………………………………………………………
Origin and destination: ………………………………………………………………………….
Proposed transport route/s on a scaled map: ..………………………………………………….

This licence is valid from ………………...………..…... to ………………............................……….
This licence is subject to the following conditions:Hazard assessment and mitigation measures: …………………………………………………………..
Emergency Response Plan: ……………………………………………………………………………..
Transports and Storage Certification Approvals / Requirements: ………………………………………
……………………………………………………………………………………………………………
Trained employees and emergency response team: ……………………………………………..
..………………………………………………………………………………………………………….
Any other conditions: ..………………………………………………………………………………….
…………………………………………..……………………………………………………………….

Signed: ......................................................... Date: …………………………………………..
(Official seal)

Director General
National Environment Management Authority

EIGHTH SCHEDULE

R 35 (2)

FORM 11
Application Ref. No.: ………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR LICENCE TO STORE TOXIC AND HAZARDOUS
INDUSTRIAL CHEMICALS OR MATERIALS(To be submitted in triplicate and a soft copy)
A. Person/ Firm/ Agent Information
I hereby apply for a licence to store toxic and hazardous industrial chemicals or materials of
which particulars are given below:
Name of the applicant: ………………………………………………………………………….
PIN No.: ………………………………………………………………………………...............
Tel. No.: ………………………………………………………………………………………...
E-mail Address: …………………………………………………………………………………
Licenced activity: ……………………………………………………………………………….
B: Storage Facility
Location (County, Town): …………………………………………………………………….
GPS Coordinates: ………………………………………………………………………………
Type (Warehouse/ Drum Store/ Tanks / Others ): ……………………………………………. .
Capacity: ...……………………………………………………………………………………...
Description of the neighbourhood / surrounding environment: ………………………………...
…………………………………………………………………………………………………...
Environment Impact Assessment Licence: ……………………………………………………..
C. Inventory of Chemicals or Materials
Name ofChemicals orMaterialUN
Hazard
Class

CAS
No.

HS
No.

Unit
Total
Capacity of weight orContainer
volumePurpose: For resale/ Manufacture /Export/ Import/
Own Use/ Other

D. Hazard Assessment
Describe the hazards of substance under storage (flammable/toxic/ explosive/ corrosive/other): …………………………………………………………………………………………...
List fire protection, spillage, release and pollution prevention / mitigation equipment in thevehicle, vessel or aircraft:
1. …………………………………………………
2. …………………………………………………

Employees and emergency response team and their qualifications (attach document proof):Name

Training and Qualification

Specific action to be taken by emergency response staff in the event of an incident (spill/
release/ fire / other): ……………………………………………………………………………
…………………………………………………………………………………………………..
E. Storage Requirement
Applicant meets the storage safety requirements set out the Tenth Schedule of the toxic andhazardous industrial chemicals and materials regulations:
Yes

No(Tick as appropriate)

G: Emergency Response Plan
Emergency and response plan with contents set out in the Fifth Schedule submitted:
Yes

No(Tick as appropriate)

H. Quality Assurance
Provide certification of approval of the design, construction and testing of warehouse, storage
and container tanks for bulk toxic and hazardous chemical or material transportation: ………
…………………………………………………………………………………………………...
I. Any other information………………………………………………………………………...........................................
Attach recommendation document(s) from the relevant lead agency.
Date: ………………………………………. Signature: ………………………………………
Designation / Title: …………………………………………………………………..…………
FOR OFFICIAL USE ONLYApproved/Not approved: ……………….……….………………………………………………
Comments: …………………………………………………………………………………...…
Receipt No.: ……………........................ Amount (KShs): .........................................................
Officer’s Name: ……………………………………………………………………………..…..
(Official Seal)
Signature: ………………………………….… Date: ……………………………………….

EIGHTH SCHEDULE

R 35(3)

FORM 12
Licence No.: ……………………………………………
Application Ref. No.: ………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
LICENCE TO STORE TOXIC AND HAZARDOUS INDUSTRIAL CHEMICALS OR
MATERIALS
Name: …………………………………………………………………………………………..
Address: ………………………………………………………………………………………..
Tel. No.: ………………………………………………………………………………………..
.

This Licence is granted to (name of the applicant): …………………………………………….
…………………………………………………………………………………………………..
Address : ……………………………………………………………………………………….
to store the following toxic and hazardous industrial chemicals or materials:
Chemicals orMaterials

RegistrationNo.

CAS No.

HS No.

Quantity

Purpose: For resale /Manufacture / Export/
Import/ Own Use/ Other

Location (LR. No./ County/ Town/ Other): …………………………………………………….
GPS Coordinates: ……………….………………………………………………………………
Type (Warehouse/ Tanks / Others ): .…………………………………………………………. .
Capacity:………………………………………………………………………………………...
This licence is valid from …………………...………..…... to ……............................……….
This licence is subject to the following conditions:..…………………………………………………………………………………………………
..…………………………………………………………………………………………………
Signed: ......................................................... Date: …………………………………………..
(Official seal)

Director General
National Environment Management Authority

EIGHTH SCHEDULE

R 36(1)

FORM 13
Application Ref. No.: ………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
APPLICATION FOR LICENCE / PERMIT TO TRANSPORT AND / OR TRANSITTHROUGH KENYA TOXIC AND HAZARDOUS INDUSTRIAL CHEMICALS OR
MATERIALS(To be submitted in triplicate and a soft copy)
A. Person/ Firm/ Agent Information
I hereby apply for a licence to transport toxic and hazardous industrial chemicals or materialsof which particulars are given below:
Name of the applicant: ………………………………………………………………………….
PIN No.: ………………………………………………………………………………...............
Tel. No.: ………………………………………………………………………………………...
E-mail Address: …………………………………………………………………………………
Licenced activity: ……………………………………………………………………………….
Exporter Registration No:……………………………………………………………………….
Name:… ………………………………………………………………………………...............
Address: ………………………………………………………………………………………...
Contact Person:.………………………………………………………………………………...
Telephone No.: ..…………………………… Fax: .…………………………………………...
E-mail Address: …………………………………………………………………………………
Importer Registration No:……………………………………………………………………….
Name:… ………………………………………………………………………………...............
Address: ………………………………………………………………………………………...
Contact Person:.………………………………………………………………………………...
Telephone No.:..…………………………… Fax: .…………………………………………...
E-mail Address: …………………………………………………………………………………
B. Details of Mode of Transport / Intended carrier (s)Name:… ………………………………………………………………………………...............
Address: ………………………………………………………………………………………...
Contact Person:.………………………………………………………………………………...
Telephone No.:..…………………………… Fax: .…………………………………………...
E-mail Address: …………………………………………………………………………………
Mode of transport (road, water, air): ………………………………………………………..…..
Type of Transport (vehicles/ ship / vessel/ aircraft/ other): ………………………………...…..
Registration number: ……………………………………………………………………………
Approval documents from relevant agency: …………………………………………………....
Origin and destination: ...………………………………………………………………………..
Proposed transport route on a scaled map: ……………………………………………………..
Frequency and duration: ………………………………………………………………………..

Intended period of time for transit: …………………
(Expected entry date:…………………... Expected exit date:…………………..)
C. Inventory of Chemicals or Materials to be transported and / or on transit
Name ofChemicals orMaterial

UN HazardClass

CAS No.

HS No.

Unit
Capacity ofContainer

Total weightor volume

D. Hazard Assessment
Describe the hazards of substance being transported (flammable/toxic/ explosive/ corrosive/other): …………………………………………………………………………………………...
…………………………………………………………………………………………………...
List fire protection, spillage, release and pollution prevention / mitigation equipment in thevehicle, vessel or aircraft:
1. …………………………………………………
2. …………………………………………………
3. …………………………………………………
4. …………………………………………………
Training received by driver and emergency response team (attach document proof):Name

Training and Qualification

Specific action to be taken by driver and or emergency response in the event of an incident(spill/ release/ fire / other): ………………………………………………………….
…………………………………………………………………………………………………..
…………………………………………………………………………………………………..
E. Transport Safety
Applicant meets the transport safety requirements provided under regulation 36 of the toxic
and hazard industrial chemicals and materials regulations:
Yes

No(Tick as appropriate)

G: Emergency Response Plan
Emergency and response plan with contents set out in the Fifth Schedule submitted:
Yes

No(Tick as appropriate)

H. Quality Assurance
Certification of approval of the design, construction and testing of tank and tank containers
for bulk toxic and hazardous chemical or material transportation: ………………..……………
…………………………………………………………………………………………………...

I. Written Prior Informed Consent (PIC) from relevant Compentent Authority ofcountry of import: Has consent been given?
Yes

No(Tick as appropriate), [If “Yes”, attach copy of PIC]

J. Any other information………………………………………………………………………...........................................
Attach recommendation document(s) from the relevant lead agency.
I / We …………………………………. Hereby confirm that the above information andparticulars is true and correct.
Date: ………………………………………. Signature: ………………………………………
Designation / Title: …………………………………………………………………..…………
FOR OFFICIAL USE ONLYApproved/Not approved: ……………….……….………………………………………………
Comments: …………………………………………………………………………………...…
Receipt No.: ……………........................ Amount (KShs): .........................................................
Deposit bond – 15% of Cost, Insurance and Freight value (CIF) (Refundable)(KShs):…………….…………………………………………………………………………….
Application received by (Officer’s Name): ………………………………………………..…..
Signature: ………………………………….… Date: …….……………………………………

EIGHTH SCHEDULE

R 36(2)

FORM 14
Licence No.: ……………………………………………
Application Ref. No.: ………………………………….
ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
LICENCE / PERMIT TO TRANSPORT AND / OR TRANSIT TOXIC AND
HAZARDOUS INDUSTRIAL CHEMICALS OR MATERIALS
Name: …………………………………………………………………………………………..
Address: ………………………………………………………………………………………..
Tel. No.: ………………………………………………………………………………………..
.

This Licence is granted to (name of the applicant): …………………………………………….
…………………………………………………………………………………………………..
Address: ………………………………………………………………………………………..
to transport the following toxic and hazardous industrial chemicals or materials:
Registration
No.

ChemicalsorMaterials

Trade
Name

CAS
No.

HS
No.

Approved /Licensed
Quantity(Kgs)

Quantity
to beImported /Exported(Kgs)

Balance of
Quantity tobeImported /Exported(Kgs)

Purpose: For
resale /Manufacture /Export/ Import/
Own Use/Transit / Other

Mode of transport (road, water, air): ….………………………………………………………..
Type of transport (vehicles/ ship / vessel/ aircraft/ other): .........……………………………….
Registration number: ……………………………………………………………………………
Origin and destination: ..………………………………………………………………………...
Country of origin and Country of destination: …………………………………………………
……………………………………….………………………………………………………….
Proposed transport route/s on a scaled map: ..………………………………………………….
Frequency and duration: ………………….…………………………………………………….
This licence /Permit is valid from: ………………...………..… to ………............................…
This licence / Permit is subject to the following conditions:..…………………………………………………………………………………………………
Signed: ......................................................... Date: ……………………………………………
(Official seal)
Director General
National Environment Management Authority

NINTH SCHEDULE

R 29(1)REGISTER OF LICENCES AND PERMITS
Name of
Applicant/Company

Licence/ Permit
No.

Date ofissue

Activity
Licenced(Manufacture,
Import,Export,Transport,
Storage)

Product
Information
Chemical /Material

Trade
Name

Country of
Manufacture/
Origin /Destination/
Storage

HS No.
and CAS
No.

Quantity

LocationandContact
Address

Status oflicence

Remarks

TENTH SCHEDULE

R 35(4)REQUIREMENTS OF HAZARDOUS AND TOXIC CHEMICALS OR MATERIAL
STORAGE FACILITY
a. Storage and labeling is done in accordance with the instructions on the safety data sheet.
b. An up-to-date inventory should be maintained and available for inspection at any time.
c. Segregation and storage should be done according to chemical family or hazard
classification.
d. A manual is prepared and maintained with instructions of the basic storage requirements
and procedures specific to chemicals or materials in storage facility.
e. The storage area should be well lit and ventilated. The path ways, doorways, exits andentryways shall be clear of any obstruction.
f. Ensure the storage facility does not pose danger or risk to the environment including thosestaying near the facility and surrounding environment.
g. Chemicals and / or materials must not be stored together with inflammable materials andgas cylinders.
h. Acids and alkalis are not stored together.
i. Strong acids and organic substances are not stored together.
j. Strongly oxidising substances are not stored together with oxidisable substances.
k. Ethers and other peroxide-building substances must be stored in dark and cool, in tightly
sealed containers.
l. Certified and approved containers should be used for storage.
m. Containers must be stored with closed lids when they are not being used.
n. Refrigerators and freezers for storage of chemicals and materials must be specially madefor this purpose and not intended to store food.
o. Chemicals and / or materials stores should not have open floor drains.
p. Leakages and / or spillages are prevented at all times. In the event of an accident, adequate
storage capacity is provided that is able to contain the volume of chemical displaced.
q. Equipment for handling and cleaning up spillage must be readily available and suitable forthe chemicals being stored.
r. Fire classification of storage lockers and rooms should match the types and amounts ofchemicals or materials being stored.
s. Combustible materials must be stored in fireproof cupboards or in separate spaces.
t. Emergency equipment should be provided, also easy to access and are kept in goodworking conditionu. Personal safety measures during working and in the event of an accident should be
provided such as use of personal protective devices and first-aid kits.
v. Storage facilities should be inspected regularly.
w. Any other relevant requirement as may be determined by the Authority.

ELEVENTH SCHEDULE

R 37(4)TRANSPORT EMERGENCY (TREM) CARDS
Description of Cargo: ……………………………..…………………………………………….
Transporter (Name and physical address): ………………………..…………………………….
Name of products: ………………………………...…………………………………………….
Telephone Number: ……………………..
Cell phone Number: .………………………….
Consignor (Name, physical address): …………………………….…………………………….
Fax: ….………………… Telephone No: …………….. Cell phone: …...……………………
Consignee (Name and physical address): ………………...…………………………………….
Telephone No.: …………….. Cell phone: ………………......... Fax: ……..…………………..
Load Details
No. of packages: ………………………………………….……………………………………..
Registration No.: ……………………………………………………………….……………….
HD Substance / Article: ………………...………………………………………………………
Total Quantity: ……………………………………………………………..…………...............
Special Comments: ……………………..………………………………………………………
Emergency Action:
Notify police, Fire brigade and NEMA immediately. If possible, move vehicle to open groundand stop the engine.
No naked lights. No smoking.
Mark road and warn road users.
Keep public away from danger area.
Avoid making sparks. Use non-sparking hand tools or avoid direct metal to metal contact.
Spillage
Do not touch.
Consult an expert.
Do not expose to electric current or heat.
Do not repack – but protect material from accidental ignition. Reseal where necessary.
Warn everybody – EXPLOSION HAZARD.
Fire
For small fire on cab, tires or engine which can be extinguished quickly before it reaches the
cargo, use vehicle extinguisher, water, dry powder, earth or sand.
In case of extensive fire which is spreading to the cargo, do not attempt to extinguish.
Evacuate area within a radius of 100 metres.
First Aid
Keep patient warm.
In case of burns, immediately cool affected skin as long as possible with cold water.
Seek immediate medical help.
Additional information provided by manufacturer or sender.

TWELFTH SCHEDULE

R 46(3)POLLUTANT RELEASE AND TRANSFER REGISTER
PollutantThresholds WHO

CAS
Pollutant Name
Release to Air
Number
(Kg/year)
Polycyclic aromatic hydrocarbons (PAHs)
120-12-7
Anthracene
etc
Other organic substances
71-43-2
Benzeneetc
Chlorinated and brominated organic substances
107-06-2
1,2-Dichloroethane
Persistent Organic Pollutants (POPs)
309-00-2
Aldrin57-74-9
Chlordane
Etc.
VOCs

Release to Water(Kg/year)Threshold, Kenya
Release to Land
(Kg/year)

Release to Air(Kg/year)

Release to
Water (Kg/year)

Release to Land
(Kg/year)

Manufacture, Process
or Use (Kg/year)

Off-SiteTransfer

Ozone Depleting Substances
LCL-65etc

HalonsGreen House Gases
124-38-9
Carbon dioxide
74-82-8
Methaneetc
Metals
LCL-7
Arsenic andetccompounds
Inorganic substances1332-21-4
Asbestos
etc

NB:

The entries in the table are for guidance purposes. A comprehensive list of pollutants is expected from the emitting and / or discharging
facility. Etc indicates that more pollutants can added under the respective category.

THIRTEENTH SCHEDULE

R 47(1)

CRITERIA FOR RESTRICTING OR BANNING OF TOXIC CHEMICALS AND
MATERIALS.
1) Physicochemical, toxicological and eco-toxicological information from internationallyrecognized sources.
2) Information on alternatives and their relative risks to human health and environment.
3) Proven evidence of hazards and risks posed by the chemical or material to human health,wildlife, livestock and the environment from national and international risks evaluation.
4) Evidence that the half-life of the chemical or material in water is greater than 2 months, orthat its half-life in soil is more than 6 months.
5) Bio-accumulation evidence in food chain from scientific recognized sources.
6) Potential for long range environmental transport in air, water and migratory species.
7) Credible evidence that the chemical or material has been banned or restricted in othercountries, or under relevant Multilateral Environmental Agreements (MEAs).
8) Available data on chemical or material which is generated and documented according toscientifically recognized methods.
9) Information on incidents related to the chemical or material from other countries orinternationally recognized sources such as the Guidance Documents on chemicals.
10) Socio economic considerations:a. Alternatives for products and processes;b. Costs, including environmental and health costs;
c. Efficacy;d. Risks;e. Availability; andf. Accessibility;
11) Positive and/or Negative Impacts on Society: anda. Health, including public, environmental and occupational;b. Agriculture and Forestry;c. Biodiversity;d. Economic Aspects;
e. Social Costs; andf. Any national, regional or international control actions taken and other relevant risk
management information;12) Where a chemical or material should be banned, and there are no suitable alternatives, theAuthority shall institute restrictive measures to the use of that chemical or material.
13) Any other relevant requirement as may be determined by the Authority.

Page 1 of 79

FOURTEENTH SCHEDULE

R 51

ENVIRONMENT MANAGEMENT AND COORDINATION ACT, CAP 387
INCIDENT REPORT FORMAT
Particulars
Name of the Facility: ……………………………………………………………………………
E-mail Address: …………………………………………………………………………………
Telephone Number: …………………………………………………………………………….
Fax No.: …………………………………………………………………………………………
Date/Time of Incident: ………………………………………………………………………….
Incident Type (Explosion/ Fire/ Spillage/ Leakage / Gas / Dust/ Fumes Release/ Others): ..…..
…………………………………………………………………………………………………...
Material / Chemical released (Quantity): ……………………………………………………….
Physical state: …………………………………………………………………………………...
Incident location
Physical Address:- County: …………………………... Town: ………….…………………..
Street: …………………………………… GPS Coordinate: ………………………………...
Impact (Human health, Environment, Property Damage and Others): …………………………
…………………………………………………………………………………………………...
Activity (Manufacture/ Storage/ Transport / Others): ………………………………………….
Cause: …………………………………………………………………………………………...
Response/ Control measures undertaken: ………………………………………………………
Decontamination and disposal: …………………………………………………………………
Future / preventive measures employed: .………………………………………………………
Name of Person: ………………………………………………………………………………...
Designation: …………………………………………………………………………………….
Sign: ………………………………………... Date: …………………………………………...

Page 2 of 79

FIFTEENTH SCHEDULE

R 14, 24

PRESCRIBED FEES
Application for registration……………………………………………………….

Kshs. 5,000

Application for licence to Manufacture/ Distribute/ Transport / Storage ……......

KShs. 5,000

Application for licence to Import/ Export / Transit - through Kenya .………..….. KShs. 5,000
Application for permit to Import/ Export/Transit - through Kenya ..….………….. KShs. 5,000
Application for permit to Use toxic and hazardous industrial chemical …………... KShs. 5,000
in Extractive Processes
Application for Laboratory Designation……………………………………..…….. KShs. 5,000
Application for Annual Laboratory Operating Licence …………………. ……….. KShs. 5,000
Application for Transfer of Licence ……………………………………….………. KShs. 5,000
Permit to Import / Export/ Transit – through Kenya (per Consignment) .…………. KShs. 50,000
Deposit bond ……………………. 15% of Cost, Insurance and Freight value (CIF) (Refundable)
Permit to use toxic and hazardous industrial chemical in ………………….…........ KShs. 30,000
Extractive Industrial Processes
Annual Licence to Manufacture/ Distribute/ Transport / Storage …….….……….. KShs. 50,000
Annual Laboratory Operating Licence ……………………………………......…… KShs. 30,000

Cabinet Secretary for Environment and Forestry

Page 3 of 79